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New York Law Journal

Mandatory Arbitration Clauses in NY Nursing Home Contracts Under Scrutiny from Feds and State Courts

New rules promulgated by the Centers for Medicare and Medicaid and a court case in Albany could determine whether nursing home patients in NY may sue or must submit to arbitration on claims of substandard care.
18 minute read

New York Law Journal

New N.Y. Law Requires Banks to Provide Fiduciaries with Digital Access to Assets

New York Gov. Andrew Cuomo said Friday he has signed into law a bill that requires banks and other financial institutions to provide fiduciaries in the state with access to assets maintained in a digital format.
3 minute read

Daily Business Review

Florida Justices Reject Arbitration in Nursing Home Injury Case

With similar questions popping up across the state in recent years, the Florida Supreme Court said a lawsuit about injuries suffered by a nursing home resident should not be sent to arbitration.
6 minute read

New York Law Journal

Judge Schedules Hearing to Determine Woman's Burial Wishes

A state judge in Manhattan ruled that, while a dead woman's children would generally have priority over where she's buried, there's also recourse under state law for others to argue in court for a burial elsewhere.
5 minute read

New York Law Journal

Joy Solomon

the Weinberg Center is forming partnerships with organizations to assist seniors victimized by abuse. An attorney representing the center visits the Manhattan Family Justice Center twice monthly. It's the kind of cause that Solomon sought when she decided to become a lawyer.
6 minute read

New York Law Journal

Celebrity Guardianships Lead to Amendment of New York Statute

In his Elder Law column, Daniel G. Fish writes: Following their judicial outcomes, the the adult children of celebrities Peter Falk, Casey Kasem and Glen Campbell, denied visitation by their stepmothers, moved their focus to the legislative arena. In New York State this resulted in the July enactment of "Peter Falk's Law." But was this legislation necessary given the guardianship statute?
15 minute read

The Legal Intelligencer

McLaughlin v. Garden Spot Vill., PICS Case No. 16-0957 (Pa. Super. July 22, 2016) Stabile, J. (13 pages).

By | August 12, 2016
An employee of a nursing home was not privileged from testifying regarding a sexual assault of a resident by another resident. Order of the trial court affirmed.
5 minute read

The Recorder

Roberts v. United Healthcare Services

By | August 05, 2016
5 minute read

New York Law Journal

Paying for Court Evaluator Appointed for Incapacitated Person

Stephen Donaldson writes: Overall, Article 81 does a good job of serving its purpose of promoting the public welfare by establishing a guardianship system. However, Article 81 obviously leaves some things to be desired in terms of compensation for court appointees who spend significant amounts of time helping courts identify whether a person is incapacitated.
14 minute read

The Recorder

Santos v. Kisco Senior Living, LLC

3 minute read

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