Laws, Regulations, Cases & Other Resources

Guardianship Evaluation is Admissible Regardless of Stipulation

Guardianship Evaluation In most cases I've been involved in, the evaluator's report is stipulated into evidence or the evaluator is…

10 months ago

Georgia Court of Appeals Revisits the Preponderance-of-the-Evidence Standard

In White v. Stanley (Georgia Ct. App. 10/3/2023), Rhonda White appealed a jury verdict  in favor of the defendants relating…

1 year ago

Contacting Insurance Companies after a Policy Holder’s Death

After a policy holder dies, it is important to contact insurance companies to see whether a claim should be paid.…

1 year ago

Assisted Living Facility Not Entitled to Summary Judgment Where Cognitively Impaired Resident Filmed Nude

In Jones v. Life Care Centers of America (Tenn .Ct. Appeals 2023), a cognitively impaired resident was assisted in the…

1 year ago

Handwriting Expert’s Testimony Supported Forgery Claim Regarding Life Insurance Proceeds

In Estate of Hargett v. Brown (Tenn. App. 6/9/2023), the Decedent, Willie Hargett, had separated from his wife, Robbie Hargett.…

1 year ago

Setting Up a Tax Exempt Organization

There are several steps in setting up a tax exempt organization. We're reviewing them here. However, this post is not…

1 year ago

Opting Out of Arbitration Agreements

Ideally, health care providers do the right thing. Good Care is provided. There is no negligence. But what if they…

1 year ago

State May Recoup Medicaid Benefits Incorrectly Paid

In PR v. Division of Medical Assistance and Health Services (NJ. App. Div. 6/8/2023), the State was authorized to recover…

1 year ago

Administrative decisions and collateral estoppel

The collateral estoppel (issue preclusion) rule is part of the finality doctrine along with Res Judicata (claim preclusion). It general…

1 year ago

Settlement of Probate Dispute Enforced As Written

On June 12, 2023, the Tennessee Court of Appeals (Knoxville) upheld a settlement agreement requiring the recipient of funds in…

1 year ago