Finding the Law

On July 4, 2025, the One Big Beautiful Bill Act was signed into law. One of its provisions placed a moratorium on the Biden Era minimum staffing standards for nursing homes. Specifically Section 71111 of the OBBBA provides: Subchapter B—Preventing Wasteful Spending SEC. 71111. MORATORIUM ON IMPLEMENTATION OF RULE RELATING TO STAFFING STANDARDS FOR LONG-TERM […]

There are a few major changes for elders in the One Big Beautiful Bill Act. First, as discussed in numerous articles cited below, it appears that reductions in funding will cause home and community based services to be limited. This could mean more seniors are forced into nursing homes because they lack support to remain […]

As an initial proposition, all relevant evidence is admissible. See Federal Rules of Evidence, Rule 402. In 1993, the U.S. Supreme Court decided Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). Since then, expert testimony (subject to Rule 702) is not relevant unless it is “(1) scientific knowledge that (2) will assist the […]

House Bill 1292 (HB 1292) now imposes new duties on Georgia Notaries effective January 1, 2025. The new law is designed to ensure that deeds, mortgages, liens, maps, plats and state executions are properly authenticated. O.C.G.A. Section 44-2-2 defines “self-filers” as any person who is not exempt. Exempt persons are insurance agents, attorneys, banks, lenders, […]

When an injured party sues someone who negligently injured him or her, one form of damages the injured party may recover are medical expenses. However, can those expenses be recovered when they have been paid by someone else? In Bennett v. Haley, 132 Ga. App. 512 (1974), the Court said they can be recovered. The […]

The following sample language comes from a trust that was drafted years ago, however it remains useful in understanding issues to consider when drafting trusts: Appointment of Trustee. During my lifetime, [TRUSTEE] shall act as the sole Trustee of all trusts created in this agreement, with the full powers, duties and responsibilities as set forth […]

On July 26, 1990, President George H.W. Bush signed into law the Americans with Disabilities Act of 1990 (“ADA”), a comprehensive civil rights law prohibiting discrimination on the basis of disability. The law was amended on September 25, 2008, when President George W.Bush signed into law the Americans with Disabilities Amendments Act of 2008 (ADA […]

*Note: On December 3, 2024, the US District Court for the Eastern District of Texas granted a nationwide preliminary injunction prohibiting the federal government from enforcing the CTA, its implementing regulations and its reporting deadlines. See Texas Top Cop Shop, Inc., et al. v. Garland, et al., Case No. 4:24-cv-478 (E.D. Tex.). See National Law […]

On July 19, 2024, the IRS published final regulations regarding required minimum distributions (RMDs) from qualified plans. Required Minimum Distributions (RMDs) are the minimum amounts you must withdraw from your retirement accounts each year. You generally must start taking withdrawals from your traditional IRA, SEP IRA, SIMPLE IRA, and retirement plan accounts when you reach […]

Stetson’s College of Law announced that it will offer a graduate certificate program for Elder Law Attorneys who need tax knowledge, but not the Tax LL.M. They state: Many cases affecting clients involve tax issues. Because clients often fall in the middle class, they do not always need sophisticated tax planning. But, attorneys who represent […]