Subscribe: LexisNexis® Mealey's™ Nursing Home Liability Legal News
http://feeds.feedburner.com/NursingHomeLiabilityLegalNews
Added By: Feedage Forager Feedage Grade A rated
Language: English
Tags:
action  app  arbitration  court  federal  full story  full  home  lexis full  lexis  nursing home  nursing  story lexis  story 
Rate this Feed
Rate this feedRate this feedRate this feedRate this feedRate this feed
Rate this feed 1 starRate this feed 2 starRate this feed 3 starRate this feed 4 starRate this feed 5 star

Comments (0)

Feed Details and Statistics Feed Statistics
Preview: LexisNexis® Mealey's™ Nursing Home Liability Legal News

LexisNexis® Mealey's™ Nursing Home Liability Legal News



Headline Nursing Home Liability Legal News from LexisNexis®



 



South Carolina Judge Orders Arbitration
COLUMBIA, S.C. - A federal judge in South Carolina on Sept. 13 granted a declaratory judgment and ordered that any lawsuit against Magnolia Manor nursing facility and its operator THI of South Carolina at Columbia must be pursued in an arbitral forum (THI of South Carolina at Columbia, d/b/a Magnolia Manor of Columbia v. Deborah J. Wiggins, et al., No. 3:11-888, D. S.C., Columbia Div.; 2011 U.S. Dist. LEXIS 103638). Full story on lexis.com



Federal Judge Dismisses Nursing Home Arbitration Motion
GREENVILLE, Tenn. - A federal judge in Tennessee on Sept. 22 denied a nursing home's motion to compel arbitration in a negligence and wrongful death cause of action, saying the wife of the deceased resident did not have any authority to sign an arbitration agreement binding her husband or his estate to arbitrate disputes arising from his care (Deloris Robinson, et al. v. SSC Newport Operating Co., d/b/a Newport Health and Rehabilitation Center, No. 2:10cv00265, E.D. Tenn.; Northeastern Div.; 2011 U.S. Dist. LEXIS 107494). Full story on lexis.com



Kentucky Federal Judge Orders Arbitration In Nursing Home Suit
ASHLAND, Ky. - A federal judge in Kentucky on Sept. 29 granted a motion to stay a nursing home negligence cause of action and ordered the case sent to arbitration pursuant to a valid arbitration agreement a family member signed under a broad durable power of attorney upon the deceased resident's admission to the nursing facility (Theresa Tolle Rizzo, et al. v. GGNSC Holdings, et al., No. 0:10cv00045, E.D. Ky., Northern Div.; 2011 U.S. Dist. LEXIS 112158). Full story on lexis.com



Florida Federal Judge Remands Asset Recovery Action To State Court
TAMPA, Fla. - A federal judge in Florida on Sept. 12 ordered a supplemental proceeding asset recovery action to state court, saying the action to recover money related to a $110 million default judgment against a nursing home company is properly maintained in the state court where the default was originally issued (The Estate of Juanita Amelia Jackson v. Ventas Realty, et al., No. 8:11cv1314, M.D. Fla., Tampa Div.; 2011 U.S. Dist. LEXIS 108208; See next story). Full story on lexis.com



Florida Federal Judge Abstains In Asset Recovery Action
TAMPA, Fla. - A federal judge in Florida on Sept. 16 remanded a supplemental proceeding asset recovery action to state court, saying the federal court, although able to maintain jurisdiction over the action, should abstain under the Colorado River Water Conservation Dist. v. United States doctrine (The Estate of Juanita Amelia Jackson v. Trans Health Management Inc., et al., No. 8:10cv2937, M.D. Fla., Tampa Div.; 2011 U.S. Dist. LEXIS 105235; See previous story). Full story on lexis.com



California Court Finds Allegations Of Elder Abuse Sufficient
LOS ANGELES - The Second District California Court of Appeal, Division Seven, on Sept. 19 reversed a trial court order sustaining a demurrer without leave to amend in an elder abuse and elder financial abuse cause of action, saying the facts supporting the elder abuse claims showed both reckless and deliberate behavior. The appeals court reversed the trial court's dismissal of the lawsuit involving the alleged negligent actions of a conservator overseeing the care of a dependent and older adult (Jeffrey Seigel, etc., v. Renee Sonsino, No. B226415, Calif. App., 2nd Dist., Div. 7; 2011 Cal. App. Unpub. LEXIS 7061). Full story on lexis.com



Illinois Court OKs Attorney Fee Award In Nursing Home Suit
MOUNT VERNON, Ill. - The Fifth District Illinois Appellate Court on Sept. 9 upheld $175,548 in attorney fees and more than $6,000 in costs in a nursing home negligence cause of action. The appeals court found the fees and costs to be proper under state guidelines (Thomas Schwab, et al. v. Rosewood Care Center Inc. of Edwardsville, d/b/a Rosewood Care Center, No. 5-10-0389, Ill. App., 5th Dist.; 2011 Ill. App. Unpub. LEXIS 2159). Full story on lexis.com



Providers Seek Review Of Texas Expert Report Decision
AUSTIN, Texas - Christian Care Centers Foundation Inc. (CCCF) and Christian Care Centers Inc., doing business as Christian Care Home Health & Hospice (CCHH), have filed a petition for review in the Texas Supreme Court seeking a review of whether a trial court erred in failing to dismiss a health care liability claim against them, as well as award attorney fees, because the expert reports filed pursuant to the state medical malpractice statute did not meet the requirements for such reports (Christian Care Centers Foundation Inc., et al. v. Patricia Overturn Gooch, et al., No. 11-0495, Texas Sup.; See May 2011, Page 12). Full story on lexis.com



Indiana Court: Nursing Home Action Timely
INDIANAPOLIS - The Indiana Court of Appeals on Aug. 3 reversed and remanded a trial court order dismissing a nursing home negligence and wrongful death cause of action, saying the lawsuit was timely filed under the state's journey's account statute (JAS) that allows an action filed with the state Department of Insurance within the statute of limitations period to be subsequently filed in a state court after the limitations period has lapsed (Brian Dale Hayes, et al. v. Westminster Village North Inc., 49A02-1010-CT-1141, Ind. App.). Full story on lexis.com



Kindred Sued In Vermont Federal Court For Wrongful Death
BURLINGTON, Vt. - The estate of a deceased Kindred Nursing Centers - East resident on Oct. 12 filed a negligence, wrongful death and survivor's cause of action against the nursing home company in the U.S. District Court for the District of Vermont (Estate of Walter Johnson, et al., v. Kindred Nursing Centers - East, et al., No. 5:11cv245, D. Vt.). Full story on lexis.com



Illinois Appeals Court Upholds Denial Of Arbitration Order
MOUNT VERNON, Ill. - The Fifth District Illinois Appellate Court on Aug. 18 upheld a trial court order denying a nursing home defendant's motion to compel arbitration in a state Nursing Home Care Act and Wrongful Death Act cause of action. The appellate court found that the arbitration agreement between SSC Odin Operating Co., doing business as Odin Healthcare Center, and plaintiff Sue Carter lacked mutuality and could not apply to claims under the wrongful death statute (Sue Carter, et al. v. SSC Odin Operating Company, d/b/a Odin Healthcare Center, No. 5-07-0392, Ill. App., 5th Dist.; 2011 Ill. App. LEXIS 890; See May 2010, Page 4). Full story on lexis.com



Kentucky Court: FAA May Provide Jurisdiction In Arbitration Action
FRANKFORT, Ky. - The Kentucky Court of Appeals on Sept. 2 reversed and remanded a nursing home negligence cause of action so that the trial court may determine if an arbitration agreement at issue in the action is governed by the Federal Arbitration Act (FAA) and to determine whether the state courts will have jurisdiction over the matter (HQM of Pikeville, d/b/a Pikeville Health Care Center, et al., No. 2010-CA-001630-MR, Ky. App.; 2011 Ky. App. Unpub. LEXIS 642). Full story on lexis.com



Tennessee Court Denies Arbitration In Negligence Action
KNOXVILLE, Tenn. - The Tennessee Court of Appeals at Knoxville on Aug. 25 affirmed the denial of a motion to compel arbitration in a nursing home negligence cause of action, saying the son of a now-deceased resident did not have actual or implied authority to waive his mother's right to a jury trial. The appeals court agreed that though the actual arbitration agreement was not unconscionable, the facility failed to recognize that the resident was competent to make her own medical and admissions decisions. The appeals court further found that the son lacked any authority, based upon his mother's mental competence (Dennis W. Blackmon, et al. v. LP Pigeon Forge, et al., No. E2010-01359-COA-R3-CV, Tenn. App., Knoxville; 2011 Tenn. App. LEXIS 473). Full story on lexis.com



Florida Court Finds POA Is Limited, No Power To Arbitrate
LAKELAND, Fla. - The Second District Florida Court of Appeal on Aug. 3 reversed and remanded a nursing home wrongful death and patients' rights cause of action, saying the daughter of a nursing home resident did not have power to bind her mother to an arbitration agreement even though she possessed a health care power of attorney. The appeals court concluded that the power of attorney was limited to purely health care decisions and not decisions related to personal property rights or litigation rights (The Estate of Nettie Irons, et al. v. Arcadia Healthcare, d/b/a Dove Healthcare at Lake Wales, No. 2D10-5712, Fla. App., 2nd Dist.; 2011 Fla. App. LEXIS 12145). Full story on lexis.com



Florida Court Reverses Arbitration Order, Says Agreement Not Valid
WEST PALM BEACH, Fla. - The Fourth District Florida Court of Appeal on Aug. 4 reversed a trial court order compelling arbitration in a nursing home personal injury cause of action, saying the wife of the resident signed a separate arbitration addendum only as the "Financially Responsible Party" and not as the personal representative and power of attorney for her husband (Jack Lepisto, et al. v. Senior Lifestyle Newport, d/b/a The Pointe at Newport Place, et al., No. 4D10-16, Fla. App., 4th Dist.; 2011 Fla. App. LEXIS 12206). Full story on lexis.com



Florida Appeals Court Orders Arbitration In Negligence Action
LAKELAND, Fla. - The Second District Florida Court of Appeal on Aug. 5 reversed and remanded a nursing home negligence cause of action to the trial court and ordered the lower court to compel arbitration, saying a valid arbitration agreement existed between the parties (Fl - Carrollwood Care Inc. a/k/a FL - Carrollwood Care, et al., No. 2D10-5751, Fla. App., 2nd Dist.; 2011 Fla. App. LEXIS 12306). Full story on lexis.com



Federal Judge Dismisses New Mexico Malicious Abuse Of Process Suit
ALBUQUERQUE, N.M. - A New Mexico federal judge on Aug. 4 dismissed a malicious abuse of process lawsuit against a nursing home plaintiff firm, saying the evidence does not support a nursing facility's claims that the law firm lacked a reasonable basis for filing a personal injury cause of action against it (THI of New Mexico at Valle Norte, d/b/a Valle Norte Caring Center, v. Dusti Harvey, et al., No. 10-CV-873, D. N.M.; 2011 U.S. Dist. LEXIS 89663). Full story on lexis.com



Tennessee Court Upholds $250,000 Ordinary Negligence Award
NASHVILLE, Tenn. - The Tennessee Court of Appeals at Nashville on Aug. 22 upheld a $250,000 general damages verdict in an assisted living facility ordinary negligence cause of action. The appeals court found that there was sufficient evidence that the assisted living facility was negligent in hiring and staffing the facility and in failing to properly assess and monitor the plaintiff's mother while she resided there (Cathy Vice, et al., v. Elmcroft of Hendersonville, et al., No. M2010-01148-COA-R3-CV, Tenn. App., Nashville; 2011 Tenn. App. LEXIS 452). Full story on lexis.com



Indiana Appeals Panel: Wrongful Death Claims Against Nursing Home Can Proceed
INDIANAPOLIS - The Indiana Court of Appeals on Aug. 3 reversed summary judgment for the defendant in a medical malpractice case, concluding that a decision by the state Department of Insurance did not affect a state court case (Brian Dale Hayes, et al. v. Westminster Village North Inc., No. 49A02-1010-CT-1141, Ind. App.; 2011 Ind. App. LEXIS 1435). Full story on lexis.com



Illinois Court Upholds Directed Verdict In Wrongful Death Action
CHICAGO - The First District Illinois Appellate Court on Aug. 16 upheld a directed verdict in a wrongful death cause of action in favor of the Seneca Nursing Home, saying that a jury's award of $1 million to the plaintiff was irreconcilable with the jury's finding that the resident's death was unforeseeable (Philemon Garcia, et al., v. Seneca Nursing Home, d/b/a Lee Manor, No. 1-10-3085, Ill. App., 1st Dist., 2nd Div.; 2011 Ill. App. LEXIS 879). Full story on lexis.com



West Virginia High Court Says FAA Doesn't Cover Predispute Arbitration
CHARLESTON, W.Va. - The West Virginia Supreme Court on June 29 held that Congress did not intend for predispute arbitration agreements, which require that questions about negligence be submitted to arbitration, to be governed by the Federal Arbitration Act (FAA) (Clayton Brown, et al. v. Genesis Healthcare Corp., et al., No. 35494; Jeffrey Taylor, et al., v. MHCC Inc., f/k/a Marmet Health Care Center, et al., No. 35546; Sharon A. Marchio, et al., v. Clarksburg Nursing & Rehabilitation Center Inc., d/b/a Clarksburg Continuous Care Center, et al., No. 35635, W.Va. Sup.; 2011 W. Va. LEXIS 61). Full story on lexis.com



Wrongful Death Claims Are Not Arbitrable, Idaho Federal Judge Says
BOISE, Idaho - A federal judge in Idaho on June 24 denied a motion to compel arbitration of a nursing home wrongful death cause of action, saying the arbitration agreement signed by the son of the deceased facility resident as a "responsible party" did not bind the son and any of his personal claims against the facility (Eric Strickholm v. The Evangelical Lutheran Good Samaritan Society, d/b/a Good Samaritan Society - Idaho Falls Village, No. 4:11cv00059, D. Idaho; 2011 U.S. Dist. LEXIS 68237). Full story on lexis.com



Connecticut Judge Finds Arbitration Agreement Unexecuted
NEW HAVEN, Conn. - A federal judge in Connecticut on July 7 denied a nursing home defendant's motion to compel arbitration of a negligence and wrongful death cause of action, saying the arbitration agreement in question was never properly executed and, therefore, the agreement is invalid (Gwen Sager, et al., v Harborside Connecticut Limited Partnership, d/b/a Arden House, No. 3:10cv1292, D. Conn.; 2011 U.S. Dist. LEXIS 72742). Full story on lexis.com



Texas High Court: Spider Bite Action Is Health Liability Claim
AUSTIN, Texas - The Texas Supreme Court on July 1 overturned an appellate court decision finding a cause of action regarding pest infestation practices and a fatal spider bite at a nursing facility to be ordinary negligence. The state high court instead found that the claims were actually health care liability claims that fall within Texas Civil Practices and Remedies Code Section 74.351(a) and (b), requiring expert testimony (Omaha Healthcare Center v. Wilma Johnson, et al., No. 08-0231, Texas Sup.; 2011 Texas LEXIS 506; See March 2008, Page 17). Full story on lexis.com



New Jersey Court Dismisses Action Against Partner Of Nursing Home
TRENTON, N.J. - The New Jersey Superior Court Appellate Division on June 28 reversed a ruling on a summary judgment motion filed by a limited liability partner of a nursing home charged with negligence in the care of one of its residents. The appeals court determined that although corporate veil piercing is allowable under state law regarding limited liability partnerships, the plaintiff failed to overcome the requirements to pierce the veil (Sanford Canter v. Lakewood of Voorhees, d/b/a Lakewood of Voorhees Associates, et al., No. A-1795-10T1, N.J. App. Div.; 2011 N.J. Super. LEXIS 117). Full story on lexis.com



Tennessee Court Dismisses Federal Nursing Home Action
KNOXVILLE, Tenn. - U.S. Judge Thomas A. Varlan of the Eastern District of Tennessee on July 15 dismissed with prejudice a Tennessee Medical Malpractice Act (TMMA) cause of action against Summit View of Farragut, a nursing facility. The plaintiff failed to comply with the notice and expert witness requirements in the state's medical malpractice law, Judge Varlan said (Robin Southwell v. Summit View of Farragut, No. 3:10cv550, E.D. Tenn.; 2011 U.S. Dist. LEXIS 77145). Full story on lexis.com



Ohio Court Upholds Default Judgment, Reverses Damages
CANTON, Ohio - The Fifth District Ohio Court of Appeals for Stark County on June 27 upheld a default judgment issued by a trial court in a nursing home negligence and wrongful death cause of action. However, the appeals court found that there was insufficient evidence for the trial court to award $255,000 in damages and remanded the action to the trial court (Andrea S. Hicks, et al. v. Extended Family Concepts, d/b/a Heather Ridge Commons, No. 2010CA00159 & 201000183, Ohio App., 5th Dist., Stark Co.; 2011 Ohio App. LEXIS 3227). Full story on lexis.com



Panel: Excess Insurers Have No Duty To Defend, Indemnify $10.5M Settlement
NEW ORLEANS - Two excess insurers have no duty to defend or indemnify an underlying wrongful death lawsuit against their insured that resulted in a $10.5 million settlement, the Fifth Circuit U.S. Court of Appeals affirmed July 19 (The Estate Of Mable Dean Bradley, by and through Gloria Sample, et al. v. Royal Surplus Lines Insurance Co., et al., No. 10-60650, 5th Cir.; 2011 U.S. App. LEXIS 14737; See July 2010, Page 6). Full story on lexis.com



Senior Judge: No Coverage For Claim That Insured's Staff Falsified Records
BROOKLYN, NY - There is no coverage under a directors and officers liability insurance policy for underlying claims that a nursing home's staff falsified a patient's records, a New York federal judge ruled July 20, rejecting the insured's contention that the underlying claim was a covered "derivative claim" (Hollis Park Manor Nursing Home v. Landmark American Insurance Company, No. 09-CV-810 (FB) (RLM), E.D. N.Y.; 2011 U.S. Dist. LEXIS 79353). Full story on lexis.com



Access To All Extendicare Financial Records Denied In Washington Action
TACOMA, Wash. - A federal magistrate judge in Washington on July 18 granted a defense discovery motion seeking a protective order filed by Extendicare Homes Inc. against having to produce financial documents for all of its 264 skilled nursing facilities, concluding that such a request is costly, time-consuming and burdensome (James Harris, et al. v. Extendicare Homes Inc., et al., No. 10-05752, W.D. Wash.; 2011 U.S. Dist. LEXIS 77578). Full story on lexis.com



Federal Judge Dismisses Negligence Per Se Claims In Pennsylvania Action
PHILADELPHIA - A federal judge in Pennsylvania on July 20 dismissed a nursing home plaintiff's negligence per se claims against Northern Health Facilities Inc., saying the claims for violations of the Omnibus Budget Reconciliation Act (OBRA) did not meet the requirements for a private cause of action (Thomas George v. Northern Health Facilities Inc., d/b/a Dresher Hill Health and Rehabilitation Center, et al., No. 11-2234, E.D. Pa.; 2011 U.S. Dist. LEXIS 78863). Full story on lexis.com



11th Circuit: Federal Claim Not Viable Against Private Nursing Facility
ATLANTA - The 11th Circuit U.S. Court of Appeals on June 28 affirmed a federal court ruling dismissing a federal nursing home cause of action. The appellate court, however, found that the action should have been dismissed for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6) rather than for lack of subject matter jurisdiction (Renee D. Bell v. HCR Manor Care Facility of Winter Park, et al., No. 10-13930, 11th Cir.; 2011 U.S. App. LEXIS 13202). Full story on lexis.com