Elder Law

Kelso v. Levitt, 2006 U.S. Dist. LEXIS 26695 (D. Mo. 2006)

Plaintiff contested Medicare's claim under the MSP statute. Initially counsel informed Medicaid by letter that there was no duty to…

4 years ago

Mosley v. Warnock, 282 Ga. 488 (2007)

A jury trial was held to determine whether Mildred Hilton had testamentary capacity to execute a new Will. After the…

4 years ago

Glover v. Liggett Group, Inc., 459 F.3d 1304 (11th Cir. 2006)

Plaintiff brought a claim under 42 U.S.C. § 1395y(b)(3)(A) to recover funds for the Medicare program attributable to cigarette smoking. The…

4 years ago

Delta Health Group, Inc. v. United States HHS, 459 F. Supp. 2d 1207 (D. Fla. 2006)

CMS sought to impose a civil monetary penalty on the successor of a fined nursing home where the successor accepted…

4 years ago

James v. Richman, 465 F. Supp. 2d 395 (D. Pa. 2006)

A community spouse purchased an actuarially sound single-premium irrevocable annuity for $250,000 for the purpose of spending down excess assets…

4 years ago

United States ex rel. Atkins v. McInteer, 470 F.3d 1350 (11th Cir. 2006)

A physician brought a qui tam action against two other physicians and several health care providers after a nurse showed…

4 years ago

Ark. HHS v. Ahlborn, 547 U.S. 268 (U.S. 2006)

In Arkansas Dept. Health and Human Services v. Ahlborn, 547 U.S. 268 (2006), Heidi Ahlborn suffered severe and permanent injuries at age…

4 years ago

Pollo Operations, Inc. v. Tripp, 906 So2d 1101 (Fla. CTA 3rd 2005)

A personal injury victim tried to make an end-run around MSP by having payment go directly to the victim. The…

4 years ago

Terry v. Red River Ctr. Corp., 942 So. 2d 1238 (La. Ct. App. 2006)

Plaintiff's daughter sued the nursing home after it asked EMTs to revive Doris Lee; Ms. Lee had a DNR. There…

4 years ago

Nat’l Heritage Realty, Inc. v. Estate of Boles, 947 So. 2d 238 (Miss. 2006)

Prior to filing suit, Plaintiff opened an estate for resident in Tallahatchie County. After the suit was filed, Defendants filed…

4 years ago