In Slosberg v. Giller (Georgia Supreme Court 6/30/2022), the Court reversed a Court of Appeals decision we previously reported. David Slosberg created an irrevocable trust in January 2014. After David died, Plaintiff filed a lawsuit alleging, among other things, that Defendants unduly influenced David to create the trust that contained the in terrorem clause, and […]
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In Estate of Vickers v. Diversicare Leasing Corp. (Tenn. Ct. App. 6/13/2022), a dentist extracted 18 teeth from a nursing home resident who was taking blood thinners. The nursing home resident experienced heavy bleeding and was taken to a nearby emergency room. She was released the following day. Eleven months later, plaintiff sent pre-suit notice […]
In the Estate of T.M.N. (Ga. Ct. App. 6/13/2022), Quanda Jessie served as conservator of her minor child’s estate and had done so since 2016. The primary asset in the conservatorship estate was a wrongful death recovery, although Social Security survivor’s benefits were also paid to the child. Jessie updated the asset management plan and […]
In Greenwald v. Becerra (D. D.C. June 7, 2022), a Medicare beneficiary who had lymphedema (a chronic medical condition that results in the accumulation of fluid in the subcutaneous tissues of his legs) and other medical conditions sought coverage for a pneumatic compression device (PCD). PCDs are durable medical equipment designed to treat patients suffering […]
In Smith v. Parks Hotels & Resorts, Inc. (Georgia Ct. App. June 8, 2022), the mother of five children was killed by her boyfriend while she was cleaning a room as a Hilton employee. The probate court appointed a conservator for the minor children who filed a Worker’s Compensation claim. The claim was settled for […]
In Gallardo v. Marstiller (U.S. June 6, 2022 (Google Scholar link)), the U.S. Supreme Court held that a State may seek reimbursement of future medical expenses from injury settlement funds. Prior to Gallardo, the primary cases governing the extent of a State’s right to seek reimbursement for medical assistance (Medicaid) were Arkansas Dep’t of Health […]