Atkinson v. Manor Care Health Servs. 2006 Iowa App. LEXIS 744 (Iowa Ct. App. 2006). After instructing the jury, the court realized that no instruction was given on proximate cause. Counsel for both parties consented to the instruction. The court then included it in the written charge delivered to the jury, but it was not […]
Bennett v. Beverly Enters., 2006 U.S. Dist. LEXIS 75561 (D. Miss. 2006). Plaintiff filed suit alleging that Defendants participated in an unlawful scheme to fraudulently convey Beverly’s assets through a merger transaction to avoid paying civil judgments. Defendants moved to dismiss. The court found that Mississippi’s long arm statute did not reach the Defendants and […]
Am. Econ. Ins. Co. v. Jackson, 2007 U.S. App. LEXIS 3232 (8th Cir. 2007). This case involves an insurance coverage dispute after Freddie Mae Burns died at Leland Health Care Center, a 128 bed skilled nursing facility, due to excessive heat. Teresa Johnson, administrator and former director of nursing, was responsible for controlling the HVAC […]
Redwood v. Dobson, 476 F.3d 462 (7th Cir. 2007). The court identifies this litigation as a “grudge match.” When counsel spent the first 30 pages of a deposition reviewing Gerstein’s criminal history, the questions got under his skin. After he began answering with “that’s none of your business” counsel began instructing him not to answer. […]
Wilcox v. Gamble Guest Care Corp., 928 So. 2d 695 (La. Ct. App. 2006). Plaintiff appealed after trial court sustained patient liability fund’s exception of no cause of action on Nursing Home Bill of Rights claim and appealed trial court’s awards for damages. Plaintiff had settled with the nursing home and proceeded to trial against […]
Forsythe v. Clark USA, Inc., 2007 Ill. LEXIS 434 (Ill. 2007). Two mechanics were killed at a refinery. Later, their estates filed suit against Clark Refining and Marketing, as well as other defendants including Clark USA. Plaintiffs alleged “that defendant breached a duty to use reasonable care in imposing its business strategy on Clark Refining […]
Lakeridge Villa Health Care Ctr. v. Leavitt, 2006 U.S. App. LEXIS 27338 (6th Cir. 2006). Lakeridge is an Ohio nursing home that participates in Medicare and Medicaid. When it was surveyed, it was found out of compliance with several provider requirements. It was fined a civil monetary penalty of $80,300. The fine was upheld and […]
Marmet Health Care Center v. Brown, 132 S. Ct. 1201 (2012). Marmet began as three seperate cases in West Virginia. In each case, a family member of a nursing home resident signed an admission agreement which included an arbitration clause buried within the text. The Plaintiffs argued the arbitration provision was void because it violated […]
Another Court Rules that NHRA is a toothless tiger (E.D. Mo.) Elgin James filed suit alleging that he developed bedsores due to nursing home negligence. Specifically, he alleged that the nursing home violated 42 C.F.R. § 483.25 which provides that a nursing home must prevent bedsores unless they are unavoidable. Following a line of cases […]
Plaintiff filed suit for negligence and violations of the Florida Nursing Home Residents Act (Plaintiff was beaten and raped). Defendants moved for arbitration. Plaintiff argued that the resident never signed the arbitration agreement and her son, who signed it, had no authority to do so. Plaintiff also argued that the arbitration agreement was substantively and […]
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