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Mealey's Elder Law

  • April 11, 2024

    Nursing Home Counsel Enters Appearance In Estate’s $50K Negligence, Survival Suit

    MEDIA, Pa. — Legal counsel representing a skilled nursing facility (SNF) and related entities entered an appearance in a Pennsylvania state court after the estate of a former resident filed a complaint against them asserting claims for negligence, survival and wrongful death for the defendants’ alleged failure to “timely treat” pneumonia that led to the former resident’s death.

  • April 11, 2024

    Federal Judge Issues Final Forfeiture Order In $38M Nursing Home Fraud Suit

    MIAMI — A Florida federal judge issued a final forfeiture order regarding applying the assets of the former owner of skilled nursing facilities to the $38.7 million judgment entered against him for his role in a health care fraud scheme involving bribing physicians to have patients entered into the facilities he owned.

  • April 10, 2024

    Judge Bars Octogenarian’s Counsel For Conduct Violations Related To Foreclosure

    ATLANTA — A Georgia federal bankruptcy judge prohibited an attorney and his firm from filing any new bankruptcy cases in that court for 12 months, making the prohibition permanent as to any bankruptcy cases paid for by third parties, finding the sanction appropriate for repeated professional conduct violations as in the instant case where the attorney filed a Chapter 13 petition on behalf of an 80-year old man to stop foreclosure of the man’s home but instead accepted fees from the prospective home purchaser.

  • April 08, 2024

    Parents Respond To Bid For Miss. High Court Review Of Grandchild Visitation Denial

    JACKSON, Miss. — Parents of a child who have opposed a grandfather’s bid for visitation with the child urged the Mississippi Supreme Court to deny the grandfather’s petition for a writ of certiorari to review an appellate court’s ruling affirming dismissal of his petition for visitation with his granddaughter.

  • April 08, 2024

    N.H. Federal Jury Rules For Supermarket Worker In Age Discrimination Suit

    CONCORD, N.H. — A federal judge in New Hampshire entered a more than $130,000 judgment for a supermarket worker who alleged that he was denied promotion to a full-time position due to his age; the judgment came four days after a jury found that the promotion denial was a willful violation of the Age Discrimination in Employment Act (ADEA) and the New Hampshire Law Against Discrimination (NHLAD).

  • April 04, 2024

    Pennsylvania Panel Upholds Decree Awarding Estate Funds To Decedent’s Lenders

    PHILADELPHIA — A Pennsylvania appellate court on April 3 affirmed a lower court’s decree awarding the balance of a decedent’s estate funds to his ex-wife and her sister, both of whom loaned him money, finding that the evidence in the case establishes that there was an oral contract for loans between the parties.

  • April 04, 2024

    Panel Affirms Ruling Denying Care Home’s Bid For Arbitration, Deems POA Invalid

    JACKSON, Tenn. — A Tennessee appellate court affirmed a lower court’s ruling denying a nursing home’s motion to compel arbitration in a wrongful death suit, finding that because the decedent lacked the capacity to execute a power of attorney (POA), the arbitration agreement signed by the decedent’s agent pursuant to a health care POA was invalid.

  • April 03, 2024

    9th Circuit Upholds Dismissal Of Wire Fraud Elder Abuse Suit Against Chase

    SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals affirmed a district court’s order dismissing with prejudice a financial elder abuse and negligence suit filed against JPMorgan Chase Bank by a couple who were victims of wire fraud, finding that the plaintiffs failed to allege that Chase had actual knowledge of the fraud and that banks have no implied duty to supervise their customers’ account activity.

  • April 02, 2024

    HP’s $18M Age Bias Class, Collective Settlement Granted Final Approval

    SAN JOSE, Calif. — A federal judge in California granted final approval of an $18 million settlement to be paid by HP Inc. and Hewlett-Packard Enterprise Co. (together, HP) to end a collective and class complaint accusing the technology company of terminating older workers during workforce reductions and replacing them with younger employees in violation of federal and California law, including California’s unfair competition law (UCL).

  • April 02, 2024

    Judge Agrees To Partial Seal In Class Suit Over States’ Understaffed Nursing Homes

    NASHVILLE, Tenn. — A Tennessee federal judge granted in part plaintiffs’ motion to conditionally file under seal in a consolidated putative class action against nursing home facilities claiming that understaffing resulted in residents receiving inadequate services, finding that specified exhibits with residents’ personally identifying information must be sealed but that plaintiffs must file a version of the class certification memo “redacting only the personally identifiable information” of residents’ family members.

  • April 01, 2024

    California High Court Affirms Ruling Denying Care Home’s Bid To Compel Arbitration

    SAN FRANCISCO — The California Supreme Court affirmed an appellate court’s judgment upholding a lower court decision denying a nursing home’s motion to compel arbitration in an elder abuse and negligence suit filed against the nursing home related to a former resident’s fall and fracture, finding that the arbitration agreement signed by the resident’s agent under a health care power of attorney was not a health care decision within the agent’s authority.

  • March 29, 2024

    Judge Accepts Officials’ Plea Agreements In Veterans Home COVID-19 Death Cases

    SPRINGFIELD, Mass. — A former superintendent and a former medical director of a veterans home entered plea agreements in a Massachusetts state court for their roles in commingling COVID-19-symptomatic residents with asymptomatic residents, leading to 76 deaths, admitting that the charges against them sufficed to make a finding of guilt while agreeing to satisfy court-imposed conditions for three months.

  • March 28, 2024

    Panel Affirms Order Denying Bid To Reopen Discovery In Care Home Negligence Suit

    TRENTON, N.J. — A New Jersey appellate court on March 27 affirmed lower court orders that denied an estate’s request to reopen discovery and granted a nursing home and related entities’ motion for summary judgment in a negligence suit filed against them, finding that the lower court did not abuse its discretion in holding that the estate failed to show “exceptional circumstances” needed to reopen discovery and that there is “no basis” to overturn the order granting summary judgment.

  • March 27, 2024

    Panel Tosses Appeal Of Order Approving Property Sale In Heirs’ And Buyer’s Dispute

    TYLER, Texas — A Texas appellate court on March 26 dismissed heirs’ appeal of a lower court order approving the sale of property they inherited after their father died, finding that the appellate court lacked jurisdiction because the lower court’s order was not a final, appealable order.

  • March 25, 2024

    Alabama High Court Reverses Judgment For Estate In Nursing Home Arbitration Row

    MONTGOMERY, Ala. — The Alabama Supreme Court on March 22 reversed and remanded a lower court’s order denying a nursing home’s motion to compel arbitration in a wrongful death suit against it alleging that staff neglect led to a former resident’s death, finding that the lower court incorrectly ruled that though one of the decedent’s co-guardians signed an arbitration agreement on her mother’s behalf, both were required to sign the arbitration agreement.

  • March 25, 2024

    Panel Affirms Dismissal Of Wrongful Death Suit Against Care Home As Time-Barred

    ANNAPOLIS, Md.  — A Maryland appellate court affirmed a lower court’s dismissal of a wrongful death suit against a nursing home whose alleged medical negligence caused the death of a former resident, finding that the trial court correctly determined that the complaint was time-barred.

  • March 22, 2024

    Panel Affirms Order Granting Disposition For Estate In Row Over Attorney Fees

    DETROIT — A Michigan appellate court on March 21 affirmed a lower court order granting summary disposition to an estate in its dispute with the law firm representing a former estate representative, finding that the lower court correctly granted summary disposition to the estate in the firm’s suit seeking to recover attorney fees because no material facts are in dispute regarding the representative’s failure to act in good faith and his exercising undue influence over the decedent.

  • March 21, 2024

    Panel Affirms Ruling In Favor Of Insurer In Bad Faith Suit Over Woolsey Fire Damage

    LOS ANGELES — A California appeals court held that a homeowners insurer did not breach the insurance contract or the implied covenant of good faith and fair dealing and did not commit financial elder abuse because it paid the proper insureds “all (if not more than)” it had a duty to pay under the policy coverages for dwelling repairs, personal property damage and temporary additional living expenses, affirming a lower court’s summary judgment ruling in favor of the insurer in a coverage dispute arising from property damage cause by the Woolsey Fire.

  • March 20, 2024

    Ohio Amusement Park Will Pay $50,000 To Settle EEOC Age Biased Housing Suit

    TOLEDO, Ohio — The owner and operator of Cedar Point Amusement Park will pay $50,000 and provide other relief to end a lawsuit in a federal court in Ohio by the Equal Employment Opportunity Commission accusing the owner of discriminating against older workers by prohibiting those 30 and older, other than entertainers, from living in employee housing, the EEOC announced March 19.

  • March 15, 2024

    Georgia Panel Affirms Judgment For Beneficiary In Undue Influence Will Contest

    ATLANTA — A Georgia appellate court on March 14 affirmed a lower court’s grant of summary judgment for the beneficiary of an estate, finding that the lower court correctly determined that there was a lack of evidence to show that the decedent “lacked testamentary capacity” or “that the beneficiary exercised undue influence over her.”

  • March 14, 2024

    $70,000 Settlement Approved In COVID-19 Wrongful Death Suit Against Nursing Home

    MEDIA, Pa. — A Pennsylvania state court judge issued an order approving a $70,000 settlement in a wrongful death and survival action filed against a nursing home and its administrators and operators by the estate of a former resident who contracted COVID-19 and died, finding no objection to the estate’s petition to approve the settlement.

  • March 14, 2024

    Judge Grants Nursing Home’s Motion To Compel Arbitration In Wrongful Death Action

    ALLENTOWN, Pa. — A Pennsylvania federal judge on March 13 granted in part a motion to compel arbitration in a wrongful death, negligence and survival suit against a skilled nursing facility (SNF) and related entities after a former SNF resident died, finding that the claims for survival and professional negligence against the facility and its named affiliate will proceed to arbitration because a valid arbitration agreement existed between those entities and the estate.

  • March 12, 2024

    Ohio Panel Affirms Ruling Dismissing Wrongful Death Action Against Nursing Home

    CINCINNATI — An Ohio appeals court affirmed a lower court’s dismissal of a wrongful death action filed against a nursing home by the adult children of a former nursing home resident who asphyxiated and died, finding that the plaintiffs’ allegations failed to “satisfy the governing legal standard to survive dismissal.”

  • March 11, 2024

    Alabama High Court:  Lower Court Must Dismiss Wrongful Death Suit Against Care Home

    MONTGOMERY, Ala. — The Alabama Supreme Court on March 8 granted a skilled nursing facility’s petition for writ of mandamus in a wrongful death suit against it, finding that because the court-appointed administrator was “not a proper party to bring suit,” the petition must be granted and the lower court must dismiss the complaint.

  • March 11, 2024

    Judgment Affirmed For New York DOH In Dispute Over Nursing Home Deficiency

    ALBANY, N.Y. — A New York appellate court affirmed a lower court order that dismissed a nursing home’s declaratory judgment suit against the New York Department of Health (DOH), seeking to declare as null and void a statement of deficiency (SOD) issued against the nursing home for failing to provide medical records requested by a resident’s daughter within the two-day time frame required by federal regulations, finding that the lower court’s ruling was “not arbitrary and capricious.”