Recently a notice was published concerning a class action where the Plaintiffs alleged that real estate brokers engaged in anticompetitive practices, essentially violating federal antitrust law. This, by the way, is the law that broke up Ma Bell and gave us dozens of different phone providers. The case is Burnett et al. v. The National […]
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The dictionary definition of “signature” is “a person’s name written in a distinctive way as a form of identification in authorizing a check or document or concluding a letter.” There are no grades for penmanship when signing legal documents. Your signature is your mark, which is exactly how Georgia law defines it: “Signature” or “subscription” […]
In McAlister v. Clifton (Ga. 4/19/2022), the Georgia Supreme Court heard a case challenging the equitable caregiver statute, O.C.G.A. § 19-7-3.1. There, the trial court awarded Wendi Clifton, McAlister’s domestic partner, visitation rights to McAlister’s adopted daughter, Catherine. McAlister contended the equitable caregiver statute was unconstitutional facially and as applied to Clifton. McAlister also appealed […]
On February 24, 2022, the Georgia Court of Appeals decided In re Estate of Plybon (Appeal No. A21A1740, 2/24/2022). There, executrix Dorothy Johnson appealed from a Douglas County Probate Court order which construed the meaning of a 2013 Superior Court consent order in the context of a Petition for accounting and Final Settlement of Accounts. […]
Personal Services Contract rejected. Petitioner was admitted to a nursing home in October 2008, where she continued to stay. At the time, she had $36,332 in resources. Petitioner entered into a contract with Ms. Hailey to provide personal care services at the nursing home for life for $23,000. Her life expectancy was 10 more years. […]
“The construction of a contract is a question of law for the court.” O.C.G.A. § 13-2-1. The cardinal rule of construction is to ascertain the intention of the parties. If that intention is clear and it contravenes no rule of law and sufficient words are used to arrive at the intention, it shall be enforced […]
As a general rule, if a nursing home resident is eligible for Medicaid, then no one else can be sued for their nursing home bills. Specifically, 42 C.F.R. § 483.15(a)(3) provides: “The facility must not request or require a third party guarantee of payment to the facility as a condition of admission or expedited admission, […]
