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New York Law Journal

2nd Circuit Confirms Abstention From Case Challenging Protections Afforded Disabled New Yorkers

The panel agreed with the district court that the U.S. Supreme Court's limiting of federal courts' ability to intervene in their sister state courts meant the federal venue was improper for a dispute over state surrogate's courts procedures.
4 minute read

New York Law Journal

 Medicaid Administrative Fair Hearings

In his Elder Law column, Daniel G. Fish discusses the fair hearing process as a means of challenging agency decisions of applications for Medicaid home care benefits and nursing home care. Given the size of the Medicaid program, perhaps it is not surprising that there are errors made by the agency. To manage expectations, clients should be advised, before the application is filed, to anticipate that their application may be initially denied erroneously or even after eligibility has been established, but that there is a process to challenge adverse determinations.
7 minute read

New York Law Journal

Age Discrimination Against Bronx Hospital by 3 Former Employees Goes Forward

An Appellate Division, First Department panel has ruled that the three former employees, including two patient care managers, have raised sufficient factual issues about whether their age led to, or helped lead to, the firings.
5 minute read

The Legal Intelligencer

Study: Major Benefits Seen in Investing in Counsel for Low-Income Tenants Facing Eviction

On Nov. 13, 2018, the Philadelphia Bar Association's Civil Gideon and Access to Justice Task Force released a landmark cost-benefit study that addressed in detail the benefits to low-income tenants—and to the city of Philadelphia—of providing legal representation to tenants facing eviction in court proceedings.
6 minute read

New York Law Journal

Striving to Meet Increased Challenges

Judith D. Grimaldi, Chair of the NYSBA Elder Law and Special Needs Section, writes: Elder and special needs law has become more challenging as the basic societal supports on which our aged and disabled clients thrive can no longer be taken as a given. The rules are changing in the middle of the game and our clients are caught in the mix. ELSN Section members strive to meet these challenges with wisdom and energy.
3 minute read

New York Law Journal

The Role of State Law in Legal Education and Attorney Licensing

How important is state law to practice? To what extent should law schools teach and test state law?
6 minute read

Daily Business Review

Legal Aid Superhero Barbara Prager on Hanging up Her Cape

As longtime Coast to Coast Legal Aid Executive Director Barbara Prager prepares to retire, she reflects on the decades she spent advocating for disadvantaged clients, without the money or resources to climb out of legal holes.
7 minute read

Daily Business Review

Paralegal Accused of Stealing From Fowler White Burnett Partner's Trust Fund

A complaint filed in Miami-Dade Circuit Court accuses probate paralegal Pamela Altman of pilfering as much as $1 million from a trust left by her father. The suit claims the money went to personal uses, including enriching her Massage Envy franchises in South Florida.
4 minute read

New York Law Journal

Connecticut Guardian Sued by Nursing Home for Failure to Timely File Medicaid Application

In his Elder Law column, Daniel G. Fish discusses a decision of a Connecticut appellate court, 'Bloomfield Health Care Center of Connecticut v. Jason Doyon', which should serve as notice to guardians to pay close attention to the status of potential Medicaid eligibility of wards and to seek advice from a source that has extensive experience with the intricate requirements of Medicaid eligibility
7 minute read

Connecticut Law Tribune

Bloomfield, Conn. Case Serves as a Cautionary Tale For Guardians

In his Elder Law column, Daniel G. Fish discusses a decision of a Connecticut appellate court, 'Bloomfield Health Care Center of Connecticut v. Jason Doyon', which should serve as notice to guardians to pay close attention to the status of potential Medicaid eligibility of wards and to seek advice from a source that has extensive experience with the intricate requirements of Medicaid eligibility
7 minute read

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