Defendant sought dismissal of Plaintiff's case due to plaintiff's failure to file an expert report within 120 days as provided…
Plaintiff filed its action on April 13, 2004. Plaintiff was a resident at the defendant nursing home from January 8,…
Plaintiff filed suit, settled for $87,487.85 , and then secured a final judgment in State Court. Later, when plaintiff sought…
Defendant moved to compel arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. § 4. Under 5th Circuit precedent, the…
This is a reinsurance case involving Laurier, an insurer of Extendicare, and its reinsurance carrier, Employers. In 2002 Laurier, Extendicare's…
A wrongful death case was removed to federal court on diversity grounds. Defendants alleged fraudulent joinder. Plaintiff's motion to remand…
Plaintiff filed a State court action alleging nursing home negligence at a home controlled by JPMorgan. When admitted, Plaintiff's mother…
On November 7, 2002, when resident was admitted to a nursing home, her daughter signed an agreement for arbitration. On…
Nursing Home Litigation: Labor Dispute Respondent purchased a nursing home on March 31, 2004. On July 1, 2004, it began…
Lillian Guernsey's conservator brought suit alleging that Lillian was sexually assaulted by another resident at a personal care home. The…
Plaintiff's estate brought suit against Life Care's Bothell facility after she slipped out of a shower chair, was injured and…
Adams v. Pathfinder Healthcare Defendant removed State Court action for negligence alleging there was federal jurisdiction because a federally appointed…
Plaintiff contested Medicare's claim under the MSP statute. Initially counsel informed Medicaid by letter that there was no duty to…
The government prosecuted a case under 18 U.S.C. § 1347, alleging violations of 42 C.F.R. § 483.15 and 42 C.F.R.…
Plaintiff filed suit in State court against Centre Pointe HRC, SBK Capital and Life Care Centers of America, alleging violations…
Facility sought to compel arbitration after suit was filed. Resident was alone when admitted to the facility. He was illiterate,…
Defendant moved to strike Plaintiff's count alleging a violation of the Connecticut Unfair Trade Practices Act, Conn. Gen. Stat. §…
Suit was brought in the name of a deceased nursing home resident for negligence and carelessness, alleging violations of 42…
Estate brought a claim for wrongful death and elder abuse against a nursing home. After hearing, the trial court sustained…
Plaintiff filed suit for nursing home negligence alleging multiple causes of action. Defendant filed a demur which was granted as…
Defendant doctor was in charge of resident's care at nursing home. Resident's nutritional status was compromised, dropping approximately 30 pounds…
Beverly petitioned for a writ of certiorari and a writ of prohibition after being ordered to post a $25,000,000 supersedas…
Supreme Court reversed after trial court entered an order striking and dismissing Plaintiff's complaint with prejudice for failing to properly…
In this hospital fall case, after a jury returned a verdict for the estate, Defendants appealed four evidentiary rulings. First,…
Plaintiff sued the nursing home for injuries suffered by and wrongful death of her father. The complaint alleged violations of…
A jury trial was held to determine whether Mildred Hilton had testamentary capacity to execute a new Will. After the…
Nursing home moved to dismiss or, in the alternative, to transfer the case from Madison County to Jersey County based…
Appellant was a mentally retarded girl, who had been placed under a guardianship after a finding that she lacked capacity…
Diversity case where RLI sued PIIL and USF to recover part of what RLI paid to settle a nursing home…
Forfeiture action by the government where it was alleged that cocaine was sold at a nursing home. One witness "observed…
Plaintiff brought wrongful death action against assisted living facility. During the admission process, resident's daughter signed admission papers without a…
At admission to assisted living facility, daughter who was completing documents indicated she wanted to have residency agreement reviewed by…
Glover v. Liggett Group, Inc. Plaintiff brought a claim under 42 U.S.C. § 1395y(b)(3)(A) to recover funds for the Medicare…
CMS sought to impose a civil monetary penalty on the successor of a fined nursing home where the successor accepted…
A community spouse purchased an actuarially sound single-premium irrevocable annuity for $250,000 for the purpose of spending down excess assets…
The district court granted insurer's motion to defense where insurer claimed it had no duty to defend case where the…
A physician brought a qui tam action against two other physicians and several health care providers after a nurse showed…
The court identifies this litigation as a "grudge match." When counsel spent the first 30 pages of a deposition reviewing…
This is not a nursing home case. Justice Scalia, writing for the Court, framed the issue as whether a court…
In Arkansas Dept. Health and Human Services v. Ahlborn, 547 U.S. 268 (2006), Heidi Ahlborn suffered severe and permanent injuries at age…
Suit was filed after a CNA failed to check the water temperature before bathing resident; resident was burned and died…
"Plaintiff presented expert medical testimony that the cause of Mr. Alston's death was septicemia, or an infection which entered into…
Plaintiff's suit against the nursing home was dismissed for failing to comply with the pre-suit notice requirement in W. Va.…
A personal injury victim tried to make an end-run around MSP by having payment go directly to the victim. The…
After Plaintiff brought suit against a nursing home, the trial judge indicated that he was personally acquainted with three of…
The Estate appealed after the trial court granted Manor Care's motion to compel arbitration. Resident's wife had signed admissions agreement…
Conservator initialed pages indicating she read arbitration agreement, but did not sign the agreement. Facility made two attempts to have…
Resident was in two different nursing homes and after her death, Plaintiff sued both of them. Each was dismissed and…
Plaintiff sued the nursing home, its owner (an LLC) and the individual manger of the LLC. The manager was not…
Order compelling arbitration was affirmed. Four days after admitting her mother to a nursing home, Ms. Coker, the resident's daughter,…