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Jeff Downey

The U.S. Government Just Made it Easier to Sue Nursing Homes

On September 28, 2016, the Centers for Medicare and Medicaid Services, an agency within the U.S. Department of Health and Human Services, issued a new rule barring any nursing home that receives federal funding from compelling its residents to resolve any disputes with the nursing home via arbitration rather than in court.  The new rule … Read more →

When is a Wet Metro Floor a Legal Liability?

The D.C. Court of Appeals recently addressed this question in a case brought against the Washington Metropolitan Area Transit Authority (“WMATA”) by a plaintiff who suffered injury after slipping on a wet floor in the Archives Metro station. In that case, Reeves v. WMATA, the plaintiff alleged that rainwater tracked into the station by fellow … Read more →

Preserving Cell Phone Evidence in Motor Vehicle Accident Cases

If you have been injured in a motor vehicle accident, it is important to act quickly to preserve evidence favorable to your case.  Cell phone records provide an instructive illustration of this concept. Some traffic accidents are caused by drivers who are distracted by their cell phones.  In such cases, there are two primary avenues … Read more →

Elder Care advocate passes – Voices for Quality Care

We are saddened to report the passing of lovely person and wonderful elder law advocate, Clare Whitbeck, who passed away on January 23, 2016, at the age of 75. Clare was a tireless advocate for victims of elder abuse and neglect, working for the Maryland Advocacy Group, Voices for Quality Care.  “Clare helped countless people … Read more →

Judge Limits ManorCare’s Defenses in False Claims Act Case

In April 2015, the federal government announced that it was intervening in a False Claims Act case against HCR ManorCare and other related companies for allegedly committing Medicare fraud in the provision of rehabilitation services.  The case is currently pending in the Federal District Court for the Eastern District of Virginia. On September 8, 2015, … Read more →