Category

Nursing Facility Litigation
22
May

US Supreme Court Warns Lower Courts: Arbitration Agreements Must Be Evaluated “On Equal Footing” With Other Contracts

May 22, 2017
Kindred v. Clark involves two Kentucky cases, in which family members of deceased Kindred nursing...
15
May

Nursing Home Cannot Compel Arbitration When Capacity of Resident Who Signed Admissions Agreement is Questionable

May 15, 2017
James Patterson entered Care One at Moorestown on September 3, 2014. He had various serious...
18
Jan

New Resident Protections in the Revised Nursing Facility Regulations

January 18, 2017
The federal Nursing Home Reform Law was enacted in 1987, and became effective in October...
14
Jan

Top 10 Blog Posts on www.VanarelliLaw.com in 2015

January 14, 2016
Happy New Year to clients, supporters, friends and readers. Last month, an article on this...
06
Oct

Action Against Assisted Living Facility For Resident’s Choking Death Survives Summary Judgment In Federal District Court 

October 6, 2015
Nancy Gimenez-Watson was a resident of Brighton Gardens of Edison, an assisted living facility (ALF)...
08
Jul

Comprehensive Rehabilitation Hospital Is Not Subject To New Jersey Nursing Home Act

July 8, 2015
Plaintiff Wilson Bermudez was a patient at Kessler Institute for Rehabilitation’s West Facility for five...
09
Feb

CCRC Residents Breached Admission Agreement by Applying for Medicaid before Spending Down Assets

February 9, 2015
A New York trial court ruled that residents of a continuing care retirement community (CCRC)...
21
Aug

Nursing Home Resident’s Child Who Signs Admission Agreement As “Responsible Party” Can Be Sued For Services Rendered To Resident

August 21, 2014
A nursing home resident’s adult child who signs an admission agreement as the “Responsible Party”...
07
Jul

Nursing Home Resident’s Federal Lawsuit Survives Facility’s Motion to Dismiss

July 7, 2014
In the May 30, 2014 Kongtcheu v. Secaucus Healthcare Center decision, the United States District...
22
May

Federal Court Rules No Private Right to Sue under Nursing Home Reform Act

May 22, 2014
A United States District Court recently ruled that a nursing home resident does not have...
12
Nov

New Hampshire Law Gives Nursing Homes the Right to Sue Fiduciaries and Recipients of Gifts from Facility Residents

November 12, 2013
The New Hampshire legislature has enacted a new law that allows nursing homes to sue...
10
Nov

Court Finds State’s Failure To Render Final Decisions Within 90 Days Of Concluding Fair Hearings Violated Federal And State Law

November 10, 2013
In this case, the United States District Court for the Southern District of New York...
03
Sep

Appellate Division Rules Nursing Home Waived Right To Compel Arbitration In Defense Of Negligence Claim By Estate Of Former Resident

September 3, 2013
In an August 29, 2013 unpublished decision, the Appellate Division considered and affirmed the trial...
31
Dec

Niece Who Did Not Sign Admissions Agreement As "Responsible Party" For Aunt Is Not Liable For Aunt’s Unpaid Nursing Home Bill

December 31, 2012
A Rhode Island trial court holds that a niece who signed a nursing home admissions...
02
Jun

A “Responsible Party” Under A Nursing Home Admission Agreement May Be Sued For Monies Owed To The Facility

June 2, 2012
An appeals court in New Jersey held that a nursing home resident’s adult child who...
22
Sep

A Decision Of The Compromise Panel To Reject A Request To Reduce A State Institutional Lien Is Rarely Overturned On Appeal

September 22, 2010
In the Estate of Rosa M. Mendoza v. Trenton Psychiatric Hospital and Department of Human...
01
Sep

Arbitration Agreements In New Jersey Nursing Home Contracts Are Enforceable, But Some Provisions Are Voidable For “Substantive Unconscionability.”

September 1, 2010
In an August 10, 2010 opinion that was approved for publication, the New Jersey Appellate...
12
Apr

Assets Belonging To Incompetent Medicaid Recipient Discovered By Children Who Had Power Of Attorney Held Countable

April 12, 2010
A North Carolina appeals court recently held that assets owned by an incompetent Medicaid recipient...
26
Jan

Nursing Home Resident’s Nephew And Agent Under A Power Of Attorney May Be Liable For Failing To Promptly Qualify Her For Medicaid Benefits

January 26, 2010
Defendant, Benjamin Levine, served as power of attorney for his aunt, Grace Levine. Defendant’s aunt...
05
Aug

A Nurse Can Offer Expert Testimony On Causation In A Nursing Home Malpractice Case

August 5, 2009
The case of Detloff v. Absecon Manor Nursing Center, Docket No. A-5941-07T2 (App. Div., August...

Call Us Today

To schedule a consultation with Vanarelli & Li, LLC, call 908-232-7400 or click here to contact us online. As always, we look forward to hearing from you.

Categories