» abuse

Los Angeles, CA (Law Firm Newswire) January 25, 2017 – On December 13, 2016, the California Appeals Court ruled that a producer and writer for CNN who was allegedly fired for a plagiarism incident may pursue racial discrimination and retaliation claims against the media giant. Stanley Wilson, a longtime writer and producer for CNN, was fired after he allegedly failed to attribute credit to parts of a news piece that CNN did not run. Wilson’s lawsuit claims that, as an African-American, Wilson was only promoted once in his 13 years of work. Wilson sued under California law for race, age, […]


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Tampa, FL (Law Firm Newswire) October 12, 2016 – The issue of binding arbitration clauses in nursing home contracts came to a head recently, as the Florida Supreme Court ruled in a nursing home lawsuit that the case should not be sent to arbitration. Furthermore, the United States government issued a rule to stop nursing homes that receive federal funding from requiring arbitration to resolve disputes. “Nursing home residents who have been injured and families who have lost a loved one deserve their day in court,” said Robert Joyce, a nursing home abuse and neglect attorney with the Tampa firm […]


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Chicago, IL (Law Firm Newswire) July 25, 2016 – In what many consider an important decision, the Supreme Court has now made it easier for federal workers to file discrimination lawsuits if they quit their jobs due to intolerable work conditions. In the legal niche of employment law, constructive discharge, also called constructive dismissal or constructive termination, happens when an employee resigns from a position due to a hostile workplace environment created by the employer. “The resignation is not voluntary and therefore it is, in effect, a termination,” explained respected Chicago employment lawyer, Timothy Coffey. The U.S. Supreme Court just […]


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Northville, MI (Law Firm Newswire) June 7, 2016 – Senators have unanimously confirmed Michael Missal as the permanent top watchdog for the Department of Veterans Affairs (VA). President Barack Obama nominated the Washington lawyer to head the VA Inspector General’s office in October. However, Missal was not approved for the key position until after a confirmation process that lasted over six months. His nomination was stalled due to several unrelated VA concerns. “The search is finally over. A permanent inspector general to oversee the VA has long been overdue,” said Jim Fausone, a Michigan veterans attorney. “Hopefully Michael Missal will […]


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Tampa, FL (Law Firm Newswire) May 31, 2016 – A Florida family plans to sue a nursing home where an elderly woman died after a fall. The woman’s relatives say that the nursing home staff failed to give her proper medical attention and did not immediately notify the family of the accident. According to the family, a nursing assistant was changing Nadine McBurnett’s bed sheets with the bed railing pulled down, when she fell off the bed. The family said that McBurnett had broken her hip in the fall, but nursing home workers simply placed her back on the bed […]


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Chicago, IL (Law Firm Newswire) May 12, 2016 – Chipotle has faced a number of lawsuits relating to food born illnesses as a result of exposure to Norovirus. This latest suit is for wrongful termination, discrimination, assault, sexual harassment and retaliation. Plaintiff Ariana Castaneda filed her lawsuit seeking medical expenses, lost wages and benefits after she was allegedly sexually harassed and wrongfully terminated from her job as lead kitchen worker. Her suit named four Chipotle managers as the instigators of the harassment. Castaneda worked for Chipotle from December 2013 until February 2016 when she was fired. Castaneda’s first work shirt […]


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Fairfax, VA (Law Firm Newswire) May 11, 2016 – Frequently, estate plans are created on the basis of assumptions that are no longer true. Correcting these assumptions may help estate planners modify the way in which they handle certain estate planning issues. Following are some factors that advisors can consider when drafting their clients’ estate plans. Planning for long-term care is becoming increasingly important as people are living longer. Covering such costs should be taken into consideration prior to making gifts. One way of focusing on these expenses is through the use of long-term care insurance policies. An estate planning […]


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Fairfax, VA (Law Firm Newswire) May 4, 2016 – Since the popularity of Facebook use has extended to the legal profession, it has become a principal form of communication to such a degree that in one case, a court permitted service of process in a divorce case through the social media platform. There have been a number of cases in which the use of Facebook has played a role. In 2015, a judge in New York permitted a woman who had spent years attempting to locate and serve her husband to do so through Facebook. It was reported that he […]


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Northville, MI (Law Firm Newswire) April 4, 2016 – Michigan Gov. Rick Snyder named his chief legal counsel James Robert Redford as the interim director of the Michigan Veterans Affairs Agency after an audit uncovered problems at a state-run nursing home for veterans. He replaced Jeff Barnes, who resigned after having led the agency since its inception in 2013. The Michigan Office of the Auditor General released a highly critical report that concluded the agency failed to ensure adequate care for Grand Rapids Home for Veterans residents. The audit evaluated the home’s performance between October 2013 and August 2015. Among the […]


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Tampa, FL (Law Firm Newswire) February 2, 2016 – Several cases of Social Security disability fraud have been reported in Florida in December and January. According to the U.S. Attorney’s Office for the Southern District of Florida, four Miami-Dade residents were charged with Social Security, immigration and health care fraud on January 8. The scheme involved submitting false statements to the Social Security Administration (SSA). Psychiatrist Fernando Mendez Villamil and three other defendants offered to help applicants file claims for Social Security disability benefits in exchange for money. Villamil allegedly provided them with fraudulent diagnoses of mental conditions. “The Social […]


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Austin, TX (Law Firm Newswire) November 20, 2015 – Jeanette Consteanna died under questionable circumstances at a nursing home. Her daughter filed a wrongful death lawsuit. According to the statement of claim, Consteanna became a resident of the Bloomfield Nursing Home and Rehabilitation Center nursing home in 2006 and lived there until 2014. Her pre-existing medical conditions on admission included dementia, general muscle weakness, diabetes and hypothyroidism. The parent company of Bloomfield Nursing Home and Rehabilitation Center, Preferred Care Partners Management, is located in Plano, Texas, and was served with notice of the Consteanna lawsuit alleging inadequate treatment resulting in […]


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Brandon, FL (Law Firm Newswire) October 28, 2015 – Those who repeatedly file bankruptcy in an effort to stop foreclosure on their homes may find their tactics thwarted in Tampa, Florida. Tampa area bankruptcy judges found that some people were taking advantage of a taxed and overloaded bankruptcy system by filing bankruptcy again and again, each time bringing a stop to foreclosure proceedings. A procedure was put in place by which a judge can order anyone filing a third time to show cause why they should be allowed to proceed. O. Reginald Osenton said that while he supports efforts to […]


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Sacramento, CA (Law Firm Newswire) October 15, 2015 – This case involved a mixture of allegations, from sexual harassment to work without pay. Being in a position of authority over another is not implied permission to abuse or harass them. This case saw the California Assembly agree to pay $110,000 to a former legislative employee who filed a lawsuit against Assemblyman Steve Fox (D-Palmdale), alleging unpaid wages and sexual harassment. The terms of the settlement include a clause that the Assembly does not admit to any of the worker’s allegations. “According to the statement of claim, Kristina Zahn was virtually […]


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Fairfax, VA (Law Firm Newswire) September 28, 2015 – There was recently a family law case that arose in Michigan in which a family court judge directed three siblings to go to juvenile detention because they chose to visit their father, from whom they were alienated. The children’s parents divorced five years ago, and have since been engaged in a custody battle. Judge Lisa Gorcyca presided over the case, and on June 24th, she held that the children, who were ages nine to 15, were in contempt for having disobeyed her order to have a healthy relationship with their father. […]


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San Francisco, CA (Law Firm Newswire) September 28, 2015 – In San Diego, California, attorney Michael Gilfix presented a program on Preventing Elder Financial Abuse on July 16 at a national Symposium. It was the annual conference of Wealth Counsel, a leading estate planning organization that is nationally known and respected. His session was titled “Our Population is Aging: Is Your Practice Prepared?” It addressed two crucial areas. The first part of the program was about marketing to the Boomer population. In the second part, Gilfix spoke about how to give the Boomer population what they want — independence and […]


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Austin, TX (Law Firm Newswire) September 15, 2015 – A nursing home in Brooklyn was kept so cold that one of its residents froze to death inside his apartment. Seven years later, the nursing home’s conditions have not improved. Wrongful death lawsuits are filed for various reasons, often with the plaintiff wishing to send the defendant a clear message that they must stop their behavior. This case was highly unusual and involved well-known former judge John Phillips freezing to death at his senior’s residence seven years ago. What is particularly disturbing is that nothing has been done since his death […]


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Sacramento, CA (Law Firm Newswire) May 1, 2015 – A series of six sexual harassment/assault cases that will rock the legal landscape over allegations against yoga guru Bikram Choudhury is set to begin in August. He allegedly sexually assaulted and harassed his young students. The most difficult thing about these cases is that the plaintiffs revered Choudhury for his accomplishments and teachings. According to the statements of claims, he took advantage of multiple female students by sexually harassing or assaulting/raping them. Mr. Choudhury denies all such allegations, contending that he is faithful to his wife of 30 years and does […]


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San Diego, CA (Law Firm Newswire) March 20, 2015 – A partner at the California trusts, estates, and probate law firm of Albertson & Davidson, LLP has survived the first hurdle in a contentious case involving serious claims of undue influence and financial elder abuse. In the case, Mark D. Perryman is representing a plaintiff who claims that her sister and brother-in-law (the defendants) have taken advantage of their mother in order to gain complete control of their mother’s finances, use the money for personal gain, and try to exclude the plaintiff from receiving financial benefits of the family trust. […]


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Sacramento, CA (Law Firm Newswire) March 17, 2015 – Nursing home abuse is nationwide. Texas may introduce a law to deal with the problem, but would it help in California? “While Texas is looking at a bill that would revoke nursing home licenses if they have three or more serious health and safety violations, there does not appear to be any speculation as to what would happen to the residents in those shut down facilities,” points out Sacramento, Calif. nursing home abuse attorney, Deborah Barron. Texas law mandates the reporting of any elder abuse, exploitation or neglect to the police […]


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Little Rock, AR (Law Firm Newswire) Janury 28, 2015 – Elder abuse is not just committed by strangers. Family members may be guilty of it. Abuse is not just manifested in physically slapping, hitting or punching someone. It also may involve, but not be limited to: sexual abuse, emotional, mental, psychological and physical abuse. Additionally, abuse can involve what may be referred to as silent exploitation, by neglecting a senior’s needs, financially or materially exploiting them, abandoning them to their own devices, or imposing involuntary seclusion on elder patients. Although many of these forms of abuse occur within the four […]


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