Miscellaneous Archives - Page 7 of 15

Nursing home abuse and neglect are surprisingly common

09/29/2015 by Report from Counsel

Recently, a retired scientist named Joseph Shepter died after a two-year stay at a California nursing home. He had been paralyzed from a stroke and suffered from dementia. The cause of his death was listed as heart failure, and his family naturally assumed that was correct.

But a later investigation revealed that he had actually died from symptoms of poor care, including an infected ulcer, pneumonia, dehydration and sepsis. He had also been given powerful antipsychotic drugs, which can have deadly side effects.

Shepter was not alone. Elderly patients are being neglected and mistreated in nursing homes far more frequently than most people realize.

According to the National Center on Elder Abuse, about one out of every three nursing home residents in America suffers from neglect. In one survey conducted by the Center,

Family and Medical Leave law now covers gay marriage

08/17/202007/23/2015 by Report from Counsel

The federal Family and Medical Leave Act (“FMLA”) allows many employees to take up to 12 weeks of unpaid leave to care for a spouse who has a serious medical condition. Recently, the U.S. Department of Labor approved a new rule saying that this includes spouses in same-sex marriages. According to the Department of Labor, … Read more

Case by Case

08/17/202001/12/2015 by Report from Counsel

Bait‑and‑Switch Credit Card Offer

In a variation on the typical “bait‑and‑switch” scheme, a bank made a promotional offer of a “no annual fee” credit card, then changed the terms mid‑year to require such a fee. A credit card holder sued the bank under the federal Truth in Lending Act (TILA). She alleged a violation of the requirement in TILA that an issuer of a credit card disclose the terms of the card accurately and without misleading statements. A federal court allowed the lawsuit to continue.

“Cybersmear” Lawsuits

08/17/202011/20/2014 by Report from Counsel

The free‑wheeling give and take in various online forums is leading to more defamation claims by individuals and businesses. Given that so many online speakers are anonymous, however, Internet service providers sometimes become trapped between the speaker and his offended subject. Before the alleged victim can seek redress, the perpetrator must be identified, and providers often resist divulging such information. Courts are still in the early stages of setting rules for these legal contests.

Homeowners’ Insurance: The Devil Resides in the Details

08/17/202008/19/2014 by Report from Counsel

Reading and understanding all of the language in a homeowners’ insurance policy are not formalities to be skipped over while searching for the signature line. As with any contract, the fine print can have real and lasting consequences, and its contents will control over any contradictory verbal assurances. Taking the time to under-stand the terms of their policies might have headed off bad outcomes for homeowners in two recent cases.

Real Estate Deals Gone Wrong

08/17/202007/03/2014 by Report from Counsel

The ageless advice to read, understand, and expect to be bound by language in a contract you sign is as sound now as ever. It is especially important with respect to contracts to buy real property, where the financial stakes are often high. Jerome contracted to buy property, delivering a $5,000 deposit to be credited toward the purchase price. An addendum to the contract agreed to by the parties stated that in the event the seller breached the agreement or defaulted, Jerome was entitled to the return of his earnest money and cancellation of the contract, as his ” sole and exclusive remedy.”

When the seller did not close on the deal within the time set by the contract, according to Jerome because there had been a defect in its title to the property that was later remedied, Jerome sued to enforce the contract. That is, he sued to force a sale of the property to him, as he was not content with the prospect of simply getting his $5,000 back, terminating the deal and returning to square one.

How to Avoid a Basis Management Disaster

08/17/202006/03/2014 by Report from Counsel

Many of us in the legal, financial and accounting worlds discover our new clients’ well-intentioned, yet disastrous, plans after the fact. The widow has already transferred her house into her children’s names or an inherited IRA is drained to pay for a Porsche. Observing the lost planning opportunity and the financial fallout is universally gut wrenching.

To help get the message out and to illustrate the transformation you provide to clients, you are welcome to use the below facts and scenarios in your own educational materials, presentations and conversations. Consider this a “red flag” list of income tax pitfalls and opportunities so you can be your clients’ (and their beneficiaries’) basis management hero.

Ensure Your Financial Privacy

08/17/202005/20/2014 by Report from Counsel

There is a federal law that affords consumers significant say over the privacy of their financial information while still allowing financial institutions to share information for normal business purposes. This Act covers banks, savings and loan institutions, credit unions, insurance companies, securities firms, and even some retailers and automobile dealers that extend or make arrangements for consumer credit.
There may be more forms of personal information gathered by the institutions than you realize. They may have credit reports and records of how much you buy and borrow, where you shop, and how well or poorly you pay your bills on time.

Recreational-Use Immunity for Golf Injury

08/17/202003/17/2014 by Report from Counsel

The purpose of recreational-use tort immunity statutes, which are common across the country, is to encourage private and public landowners to make their property available for public recreational use. To advance this public interest, these laws usually immunize the owners or occupants of real property from negligence liability toward people entering the land for recreation, often on the condition that the property is made available for use free of charge.

Typically the statutory immunity stops short of protecting defendants from liability for greater degrees of wrongdoing, such as acts or omissions that can be characterized as willful, malicious, or grossly negligent. Originally the perceived need for immunity arose because of the impracticability of keeping large tracts of mostly undeveloped land safe for public use, but the concept has evolved so that it need not necessarily involve vast expanses of wilderness.

Tax-Free Gains from Home Sales

08/17/202003/13/2014 by Report from Counsel

One of the most significant tax advantages to owning a home comes at the back end of ownership, when you decide to sell it for a profit. A homeowner can exclude up to $250,000 of such profit from the federal capital gains tax. For married couples filing a joint tax return, the exclusion jumps to … Read more