Managers at Veterans facility ruled immune from COVID prosecution, appeals court affirms
James M. Berklan
Oct 30, 2023
A federal appeals court has reaffirmed a decision that released top managers at a state-run long-term care facility from liability in a worker’s lawsuit alleging his constitutional rights to a safe workplace...
AARP litigators blame nursing home HQs for staffing problems, publicize legal strategies against them
James M. Berklan
Oct 18, 2023
Nursing homes could find themselves open to civil rights and consumer protection lawsuits if the AARP Foundation Litigation unit is successful in three cases it is currently pursuing against operators.
CA Supreme Court backs employers in ‘take-home’ COVID case
Jul 10, 2023
Nursing homes and other employers cannot be held legally or financially responsible for preventing the spread of COVID-19 from their employees to their household members, the California Supreme Court has...
Lawsuit threat for government-run facilities sails again
Jun 15, 2023
In 2015 the U.S. Supreme Court, in the case of Armstrong v. Exceptional Child Center, denied Medicaid providers the right to sue over the adequacy of Medicaid payment rates. It was a 5-4 decision...
Plaintiffs’ lawyers gaining edge against nursing homes with staffing issues
Jessica R. Towhey
Mar 29, 2023
Plaintiff attorneys looking to jam up nursing homes now have a plethora of data points on which to base their cases, according to legal experts
Vendor sues to identify mystery owners of shuttered nursing home so it can sue for fraud
Sep 19, 2022
A vendor serving an Iowa nursing home is accusing the owner of fraud in a case involving unpaid bills of more than $344,000.
State supreme court revives venue shopping in nursing home cases
Aug 30, 2022
Advocates for skilled nursing and long-term care providers are criticizing a recent Pennsylvania Supreme Court ruling that frees malpractice suits to be tried in plaintiff-friendly jurisdictions.
Judge removed from controversial Louisiana nursing home litigation after calling lawyer a piece of (expletive)
Jul 27, 2022
A District Court judge will no longer be allowed to oversee multiple lawsuits related to botched Hurricane Ida evacuations because of his outwardly contentious relationship with one of the attorneys in...
Court ruling expanding range for COVID-19 lawsuits should worry long-term care providers: expert
Jun 29, 2022
In a first-of-its-kind ruling in the nation, a California Court of Appeals has allowed the wrongful death suit to move forward. This has sparked widespread concern from businesses about the threat of “take-home”...
Providers face rush of COVID-related lawsuits
Apr 13, 2022
Nursing homes are fighting a rush of COVID-related class-action lawsuits from families who claim providers didn’t take proper steps to ensure residents’ safety during the start of the pandemic.