The district court granted insurer’s motion to defense where insurer claimed it had no duty to defend case where the only potential claims are by putative class members until the class is certified. The district court was reversed on appeal. Applying Florida law, the Court held that the duty to defend is determined from the […]
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A physician brought a qui tam action against two other physicians and several health care providers after a nurse showed him a progress note in a nursing home chart allegedly documenting a physician’s (Lachman’s) review of the chart. The problem was that the resident had died several weeks earlier. After seeing that record, the relator […]
Suit was filed after a CNA failed to check the water temperature before bathing resident; resident was burned and died 3 days later. Suit was settled for $1.5 million. One of Defendant’s insurers paid $200,000; Defendant paid the balance of $1.3 million because its other insurer was in liquidation. Defendant then sought indemnification from the […]
Plaintiff’s suit against the nursing home was dismissed for failing to comply with the pre-suit notice requirement in W. Va. Code § 55-7B-1, et seq. The decision was affirmed. Any possible error was harmless because the dismissal was without prejudice and Plaintiff has the right o refilled after compliance with the statute.
A personal injury victim tried to make an end-run around MSP by having payment go directly to the victim. The trial court approved the settlement structure, but it was appealed. The case was reversed since “Liberty Mutual exposes itself to paying off Tripp’s Medicare lien in the event Tripp herself does not. Leaving Liberty Mutual […]
After Plaintiff brought suit against a nursing home, the trial judge indicated that he was personally acquainted with three of the witnesses expected to testify at trial. One was a nursing home administrator; the other two were physicians. The trial judge described himself as being “very good friends” with one of the doctors. The judge […]
The Estate appealed after the trial court granted Manor Care’s motion to compel arbitration. Resident’s wife had signed admissions agreement and an arbitration and limitation of liability agreement. After the resident filed suit, Manor Care answered, making a demand for trial by jury. Later it moved to compel arbitration. On appeal, Plaintiff argued that Manor […]
Conservator initialed pages indicating she read arbitration agreement, but did not sign the agreement. Facility made two attempts to have her sign the arbitration agreement and each time she declined. Resident continued to receive care in the facility. Plaintiff submitted an affidavit stating: “To the best of her memory and knowledge she had a reservation […]
Resident was in two different nursing homes and after her death, Plaintiff sued both of them. Each was dismissed and Plaintiff appealed. The action against the first nursing home was beyond the limitations period. Plaintiff’s discovery argument was rejected. The trial court’s dismissal of the second nursing home was also sustained since the only evidence […]
Plaintiff sued the nursing home, its owner (an LLC) and the individual manger of the LLC. The manager was not a Florida resident and moved to dismiss the complaint on personal jurisdiction grounds. The manager contested each allegation that he was subject to jurisdiction in Florida, shifting the burden back to the Plaintiff. The Plaintiff […]
