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Articles on elder law
 

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Adobe PDFWashington Supreme Court Issues Ruling on Certificate of Merit and Continues to Preclude CPA Claims in Professional Liability Cases
Lane Powell PC;
November 2, 2009, previously published on October 22, 2009
The Washington Supreme Court has recently issued two significant rulings impacting the Long Term Care and Seniors Housing industry--

 

Adobe PDFFlorida Suitability Rule Proposal Withstands Industry Challenge
Ann Young Black, Steven Kass, Karen A. Benson; Jorden Burt LLP;
October 17, 2009, previously published on October 15, 2009
On October 9, 2009, the Florida Division of Administrative Hearings ("DOAH") dismissed the American Council of Life Insurance's ("ACLI") petition to invalidate the Florida Department of Financial Services' ("DFS") Proposed Rule 69B-162.011 (the "Proposed...

 

Adobe PDFIRS Approves "Longevity" Annuity
Sutherland Asbill & Brennan LLP;
October 1, 2009, previously published on September 28, 2009
In Private Letter Ruling 200939018 (June 18, 2009), the Internal Revenue Service (IRS) ruled favorably on an annuity product providing benefits only in the event the annuitant lives to a specified date.

 

Adobe PDFThe Industry Today
Wayne L. Kaplan; Ruskin Moscou Faltischek, P.C.;
September 23, 2009, previously published on April 2009
The U.S. economy is barely purring, in a credit crunch, undergoing economic contraction, and continues to shed jobs. Notwithstanding all of the "pessimism porn" - titillatingly bleak media reports on the state of the economic collapse, much like my opening sentence above - prices of...

 

Adobe PDFThe Industry Today
Wayne L. Kaplan; Ruskin Moscou Faltischek, P.C.;
September 23, 2009, previously published on July 2009
It seems as if the economy has bottomed out and the "recession" or whatever you want to call our economic situation over the past 2 years may soon be behind us. But we will probably be faced with slow growth over the next few years instead of a quick turnaround. Hotels, hospitals,...

 

Adobe PDFThe Industry Today
Wayne L. Kaplan; Ruskin Moscou Faltischek, P.C.;
September 23, 2009, previously published on February 2009
The economic environment is deteriorating at a rapid and accelerating pace, and the seniors' housing and care industry has not been immune but has been holding up fairly well. Acquisition prices have declined as financing has dried up. Values have dropped and cap rates are up. While other sectors...

 

HTMLUseful Things to Know About Special Needs Trusts for Persons with Disabilities
Madelyn D. Leopold; Boardman Law Firm LLP;
September 14, 2009
How can families fund the lifelong needs of their disabled loved one in a way that maximizes that person's quality of life, without jeopardizing important government benefits?... "Special needs trusts" offer an effective option for accomplishing these goals. A properly worded special...

 

HTMLLaw Note - Dealing with the Older Worker
Howard A. Levitt; Lang Michener LLP;
September 15, 2009, previously published by Working section of the National Post & Lang Michener LLP InBrief Fall 2009 on Fall 2009
Kathleen Fisher was pleased to hear the company president say, "You can stay with our company for as long as you wish." Fisher, at 65 years of age, wanted to keep working for Lakeland Mills Ltd. where she had worked for 18 years. She initiated a meeting with Keith Andersen, the President...

 

Adobe PDFNinth Circuit Overturns Denial of Class Certification in Action Involving Sale of Annuities to Senior Citizens; Orders Class Certified
Sutherland Asbill & Brennan LLP;
September 4, 2009, previously published on August 31, 2009
On August 28, 2009, the U.S. Ninth Circuit Court of Appeals reversed the denial of class certification in Yokoyama v. Midland Nat'l. Life Ins. Co., 07-16825 (9th Cir. 2009), an action challenging the sale of deferred annuities to senior citizens. Plaintiffs alleged three violations of Hawaii's...

 

HTMLHealth Care Reform Part II: Maurauding Seniors Invade Town Hall
Holland & Hart LLP;
August 26, 2009, previously published on August 23, 2009
Many of the seniors showing up at congressional town hall meetings on health care reform -- at least those drawing the media's attention seemed to be in serious need of adult supervision. The antics before the cameras seemed bent on disruption and venting of anger almost as much as the display of...

 


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