Plaintiff originally filed a complaint in federal court alleging negligence that resulted in pressure ulcers and amputation of Plaintiff’s right leg. Manor Care later filed a third party complaint, after which, Plaintiff filed a separate action in State court against the third party defendants in the federal case. Manor Care moved the court to abstain and dismiss the federal case or in the alternative to stay the case pending outcome of the State case. The motion was denied. Although the parties were sufficiently parallel for abstention purposes, the claims were not. “In the state case, Plaintiff would not be able to recover from Defendant in the state action unless the individual defendants are found to have been responsible for Plaintiff’s injuries. Similarly, in the federal case, if Defendant is found to have been responsible for Plaintiff’s injuries under the corporate negligence doctrine, the defendants in the state case would not necessarily be held responsible for Plaintiff’s injuries.”
The federal Medicaid statute authorizes the use of individual self-settled special needs trusts for individuals…
If someone is receiving Medicaid and was injured through the negligence of others, Medicaid asserts…
On April 22, 2024, the Centers for Medicare and Medicaid Services announced a new final…
In Creamer v. Manley, decided March 14, 2024, the Court of Appeals affirmed summary judgment…
On February 21, 2024, the Georgia Court of Appeals decided the case of In Re…
The Georgia Court of Appeals decided the case of In re Bessie Mae Blake on…