Mealey's Elder Law

  • August 14, 2017

    Texas Appeals Panel Affirms Attorney In Estate Case Immune From Liability

    BEAUMONT, Texas — A Texas appeals panel held Aug. 3 that an attorney who allegedly defrauded an executor of an estate in his representation of a competing executor and depleted the estate’s assets was immune from liability to the executor, a non-client, because the summary judgment evidence conclusively established that the conduct complained of was within the scope of the attorney’s representation of his client in litigation of a contested probate proceeding (Ronald Rogers, individually and as Executor to the Estate of Louis Rogers v. Ted L. Walker, No. 09-15-00489-cv, Texas App., 9th Dist., 2017 Tex. App. LEXIS 7303).

  • August 14, 2017

    Myrtle Beach Ordered To Pay $300,000 To Senior Who Tripped On Rug

    CONWAY, S.C. — A South Carolina woman in her 60s who tripped on a rug while volunteering at a senior citizen bingo event at a city-owned South Carolina recreation center was awarded $300,000, MrytleBeachonline reported July 19 (Callie Barras v. City of Myrtle Beach, No. 2016CP2600135, S.C. Cir., Horry Co.).

  • August 10, 2017

    Pennsylvania Appeals Panel Affirms Disorderly Conduct Ruling In Nursing Home Case

    PHILADELPHIA — A Pennsylvania appeals panel on Aug. 2 affirmed the disorderly conduct conviction of a woman whose “uncontrollable behavior” continued to impair her mother’s care in a nursing home, saying that her conduct caused a “hazardous or physically offensive condition” (Commonwealth of Pennsylvania v. Mary Bush, No. 3420 EDA 2016, 2017 Pa. Super. Unpub. LEXIS 2950).

  • August 10, 2017

    New York Appeals Court Affirms Medical Malpractice Suit Time-Barred By State Law

    BROOKLYN, N.Y. — A New York appeals court on Aug. 2 affirmed that where a plaintiff claimed that a decedent fell out of bed due to the failure of the defendant hospital’s staff to follow a physician’s order to restrain her, the action sounded in medical malpractice such that the 2-1/2-half year statute of limitations applied under New York law (Estate of Ruby Bell v. WSNCHS North, Inc., No. 601781/13, 2017 N.Y. App. Div. LEXIS 5879).

  • August 9, 2017

    California Appeals Panel Affirms Denial Of Widow’s Petition For Quiet Title

    LOS ANGELES — A California appeals panel on Aug. 2 affirmed denial of a widow’s petition for quiet title to real property, saying that the woman failed to present evidence to bolster her fraud argument (Estate of Tommy Anthony Crump, et al. v. Toshia Johnson, No. B267859, Calif. App., 2nd Dist., 2017 Cal. App. Unpub. LEXIS 5305).

  • August 9, 2017

    New York Federal Judge Tosses Age Discrimination Claims Against Hotel Group

    NEW YORK — a New York federal judge on Aug. 4 granted a motion to dismiss age discrimination claims against a hotel group, saying that the plaintiff failed to state any facts that would support an argument that the defendant acted with discriminatory intent (Gregory Rooney v. VHM LLC, et al., No. 16-cv-9960, S.D. N.Y., 2017 U.S. Dist. LEXIS 124446).

  • August 8, 2017

    New York Federal Judge Denies Preliminary Injunction Against Home Care Provider

    ROCHESTER, N.Y. — A New York federal judge on July 21 denied without prejudice a motion for a mandatory preliminary injunction against a home care provider, saying that the provider has made many attempts to find the 24-hour-a-day in-home care that a man requires to move from a skilled nursing facility to his home and that a number of factors, including his age and medical history, make it difficult to arrange such care (Joseph Scofero v. VNA Homecare Options LLC, et al., No. 6:17-cv-06391, W.D. N.Y., 2017 U.S. Dist. LEXIS 114155).

  • August 8, 2017

    Kentucky Federal Judge Allows Lawsuit Seeking Arbitration To Proceed

    LEXINGTON, Ky. — A Kentucky federal judge on Aug. 1 denied a woman’s motion to dismiss a federal lawsuit seeking to compel arbitration of a state lawsuit alleging that a nursing home was negligent in its treatment of an elderly woman, saying that a signed arbitration agreement is valid and not “unconscionable” (Richmond Health Facilities Madison, L.P. v. Tamra Shearer, No. 5:17-cv-255, E.D. Ky., Central Div., 2017 U.S. Dist. LEXIS 120306).

  • August 8, 2017

    Employers Tell High Court That Age Bias Suit Was Filed Too Late

    WASHINGTON, D.C. — Federal Rule of Appellate Procedure 4(a)(5)(C) provides a 30-day limit for filing a notice of appeal that is just as “jurisdictional” as all other aspects of Rule 4 and is mandatory and “unalterable,” two employers argue in their July 31 respondents brief filed in an age discrimination suit before the U.S. Supreme Court, adding that even if the rule was “otherwise open to equitable exceptions, the ‘unique circumstances’ doctrine would not apply” (Charmaine Hamer v. Neighborhood Housing Services of Chicago, et al., No. 16-658, U.S. Sup.).

  • August 7, 2017

    Pennsylvania Appeals Panel: Orphans’ Court Ruling On Will ‘Fair And Impartial’

    HARRISBURG, Pa. — A Pennsylvania appeals panel on July 31 affirmed denial of two nieces’ challenge to a woman’s estate, saying an orphans’ court ruling that the trust and will were properly executed was correct and that the judge was “fair and impartial” (In re:  Estate of Kathryn S. McLeod v. Joan Y. Summy-Long, et al., No. 1960 MDA 2016, Pa. Super., 2017 Pa. Super. Unpub. LEXIS 2907).

  • August 7, 2017

    Ohio Appeals Panel Says Man’s Will Changes Result Of Independent Decision

    DAYTON, Ohio — An Ohio appeals panel on July 28 affirmed a probate court’s judgment upholding a decedent’s final will and beneficiary changes, saying that nothing suggests that the man’s choice to leave the bulk of his estate to his wife was anything other than his free and independent decision (In the Matter of the Estate of John R. Kiefer, et al. v. Kimberly Kiefer, No. 2016-CA-12, Ohio App., 2nd Dist., 2017 Ohio App. LEXIS 3106).

  • August 4, 2017

    Maine High Court Vacates Probate Court Ruling, Calls For Evidentiary Hearing

    PORTLAND, Maine — A Maine Supreme Judicial Court panel on Aug. 1 vacated a probate court decision and remanded for a hearing on the composition and value of a decedent’s estate so that the parties affected by the court’s decision could have some hope of concluding 5-1/2 years of “unnecessarily complicated litigation” (Estate of John W. Gilbert, No. 16-567, Maine Sup. Jud., 2017 Me. LEXIS 194).

  • August 3, 2017

    North Dakota Supreme Court Directs Entry Of Judgment Ending Grandparent Visitation

    BISMARCK, N.D. — The North Dakota Supreme Court on July 31 reversed and remanded a state court ruling granting grandparent visitation, saying that the grandparent has never met the child, has had no contact with her, is no longer her legal grandparent and cannot meet the requirement to show that visitation would not interfere with the parent-child relationship (Amanda E. Kulbacki v. Nicholas W. Michael, No. 20160353, N.D. Sup., 2017 N.D. LEXIS 184).

  • August 2, 2017

    New Jersey Appeals Panel Affirms Medicaid Benefits Denial For Lack Of Information

    TRENTON, N.J. — A New Jersey appeals panel on July 28 affirmed denial of a woman’s application for Medicaid benefits, saying she failed to provide information needed to determine her eligibility for benefits (P.N. v. Division of Medical Assistance and Health Services, et al., No. A-2025-15T2, N.J. Super., App. Div., 2017 N.J. Super. Unpub. LEXIS 1917).

  • August 2, 2017

    Nevada Supreme Court: Safe Harbor Provision Covers Woman’s Accounting Request

    LAS VEGAS — The Nevada Supreme Court on July 28 affirmed that a trust beneficiary was allowed to seek an accounting of how the trust was handled, saying she had the right to seek such an accounting under a safe harbor provision of state law (In the Matter of:  The ATS 1998 Trust v. Laura J. Tompkins, No. 68748, Nev. Sup., 2017 Nev. Unpub. LEXIS 634).

  • August 1, 2017

    Kentucky Federal Judge Grants Motion To Compel Arbitration Of Negligence Claims

    FRANKFORT, Ky. — A Kentucky federal judge on June 28 granted in part a nursing home’s motion to compel arbitration of negligence and wrongful death claims filed against it in state court, saying a binding arbitration agreement the plaintiff signed encompasses the negligence claims, but not the wrongful death claim (GGNSC Frankfort LLC, et al. v. Randell Moore, No. 3:17-cv-00045, E.D. Ky., 2017 U.S. Dist. LEXIS 100062).

  • July 31, 2017

    Loffredo Petitioners Bolster Case For High Court Review Of Age Discrimination Case

    WASHINGTON, D.C. — In a June 15 reply brief in support of their petition for writ of certiorari with the U.S. Supreme Court, former Chrysler Corp. executives who lost benefits under the company’s retirement plan say the respondents make several errors in their arguments in opposition, including that the petitioners failed to exhaust administrative remedies before filing suit (John Loffredo, et al. v. Daimler AG, et al., No. 16-1334, U.S. Sup., 2017 U.S. S. Ct. Briefs LEXIS 2155).

  • July 31, 2017

    California Magistrate Judge Grants Motion To Remand Nursing Home Abuse Case

    SAN FRANCISCO — A California magistrate judge on July 7 granted a motion to remand to state court a lawsuit alleging elder abuse and negligence against a Walnut Creek, Calif., nursing facility and its agents and denied the defendants’ motion to strike the complaint, saying that the defendants added to the plaintiffs’ complaint make key decisions about the facility and were not added solely to defeat diversity jurisdiction (Judy Wolff-Bolton v. Manor Care-Tice Valley CA, LLC, No. 17-cv-02405, N.D. Calif., 2017 U.S. Dist. LEXIS 105416).

  • July 28, 2017

    Policyholders Seek Right To Sue For Financial Elder Abuse Under Oregon Law

    SALEM, Ore. — An insurer is not exempt from liability under Oregon state law for civil financial elder abuse, individuals who have purchased long-term care insurance policies from Bankers Life and Casualty Co. claim in a May 10 opening brief filed in the Oregon Supreme Court (Lorraine Bates, et al. v. Bankers Life and Casualty Company, et al., No. CA S064742, Ore. Sup.).

  • July 17, 2017

    Louisiana Appeals Panel Affirms $1.37M Jury Verdict In Hurricane Katrina Case

    NEW ORLEANS — A Louisiana appeals panel on June 22 affirmed a $1,375,000 jury verdict on behalf of one of the residents of the Lafon Nursing Facility of the Holy Family who were injured or killed during Hurricane Katrina (Joachim Robinette, et al. v. Lafon Nursing Facility of the Holy Family, No. 2015-CA-1363, La. App., 4th Cir,, 2017 La. App. LEXIS 1157).