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New York Law Journal

Privacy Versus Openness: Sealing Guardianship Proceedings

In this Elder Law column, Renee R. Roth and Daniel G. Fish write: Guardianship cases require a careful balancing of the public's right to access to the proceeding and the AIP's right to privacy. It should be observed that these cases are markedly different from ordinary judicial proceedings where the parties voluntarily participate and understand that personal details of their lives may become public.
8 minute read

Daily Report Online

How a $25K State Farm Policy Paid a $2.35M Settlement

Why two "country lawyers" sat down with an 80-year-old widow holding a big check.
4 minute read

Daily Business Review

Judge Rejects Emergency Generator Rules for Nursing Homes

Gov. Rick Scott vowed to immediately appeal an administrative-court order invalidating a pair of emergency rules requiring nursing homes and assisted…
5 minute read

Daily Report Online

'Scammer' Alarm Companies Reach $500K Settlement with AG's Office

Utah-based Alder Holdings and a subsidiary, Alarm Protection Georgia, have agreed to pay $500,000 to settle claims that they defrauded Georgia consumers.
3 minute read

Connecticut Law Tribune

Granny Pods: An Affordable Solution or Zoning Quandary?

Connecticut wants to make it easier for taxpayers to care for aging or impaired dependents at home by allowing small, freestanding structures (a.k.a. “granny…
13 minute read

The Legal Intelligencer

Ezrin v. Hospice Preferred Choice Inc. et al, PICS Case No. 17-1382 (C.P. Lackawanna Sept. 5, 2017) Nealon, J. (11 pages).

Plaintiff sufficiently alleged the actual or constructive knowledge element of a corporate negligence claim where he alleged that the defendant nursing home failed to adequately supervise its actual and ostensible agents and neglected to implement and enforce procedures to ensure the safety and care of its residents. The court overruled the defendants' preliminary objection.
3 minute read

Daily Business Review

Elder-Abuse Plaintiffs Attorneys Weigh In After Nursing Home Deaths

The deaths of eight Hollywood nursing home residents has attorneys calling for a closer look at the facility's owners and state regulations.
4 minute read

The Recorder

Mahan v. Charles W. Chan Insurance Agency, Inc.

C.A. 1st; A147236 The First Appellate District reversed a judgment. The court held that plaintiffs’ allegations of a complicated scheme to undermine…
6 minute read

New York Law Journal

In Defense of Elder Law

Elder Law columnist Daniel G. Fish writes: A recent column in the New York Times questioned the ethics of advising clients about Medicaid eligibility. The planning is pejoratively described as "the mini-industry of lawyers and others who help people arrange their financial lives so they don't spend every last dime on a nursing home." Once again, it is necessary to explain the circumstances that lead seniors to seek valid legal representation.
6 minute read

Daily Report Online

Georgia AG to Lead National Bipartisan Effort to Fight Elder Abuse

Georgia Attorney General Chris Carr said Thursday he will help lead a national bipartisan effort to stop abuse of older Americans.
3 minute read

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