From Nasga: Taking a look at boomerang effect between hospitals and nursing homes-the profit motive

MaryGSykes.com

Medicare Takes Aim At Boomerang Hospitalizations Of Nursing Home Patients

Deborah Ann Favorite sits in her Los Angeles apartment last month. Favorite’s mother died after a lapse in communication about the need to resume her thyroid medication. (Heidi de Marco/KHN)

“Oh my God, we dropped her!” Sandra Snipes said she heard the nursing home aides yell as she fell to the floor. She landed on her right side where her hip had recently been replaced.

She cried out in pain. A hospital clinician later discovered her hip was dislocated.

That was not the only injury Snipes, then 61, said she suffered in 2011 at Richmond Pines Healthcare & Rehabilitation Center in Hamlet, N.C. Nurses allegedly had been injecting her twice a day with a potent blood thinner despite written instructions to stop.

“She…

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From FB: Tori Harper has kids removed by DFS for being “mentally unstable” without proof and without any abuse reports.

MaryGSykes.com

https://fox17.com/news/ferrier-files/ferrier-files-do-criminals-have-more-rights-than-parents-in-tennessee

Thisis a parent’s worse nightmare, and it happens a whole lot of times in a whole lot of states.

FERRIER FILES: Do criminals have more rights than parents in Tennessee?

(Fox 17 News)

AA

FERRIER FILES: Do criminals have more rights than parents in Tennessee?

And even if you do absolutely nothing wrong, your children can be taken from you. It may sound like a ridiculous question but not when you consider what happened to a Williamson County, Tennessee, mom.

It all started when Tori’s 3-year-old son told her something inappropriate happened to him when he was with their father. The couple is divorced.

Tori followed the law and reported it to DCS.

“I was interrogated for two to three hours with no…

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From JP: Interesting case quotes on Fraudulent Concealment, Fundamental Liberties, and Civil Rights

MaryGSykes.com

FRAUDULENT CONCEALMENT

  1. A few of the definitions of “fraudulent concealment” are discussed in: Woods v. Davis, 11 U.S. 271 (1812) quoting,

“Party having superior knowledge who takes advantage of another’s ignorance of the law to deceive him by studied concealment or misrepresentation can be held responsible for that conduct. Fina Supply, Inc. v. Abilene Nat. Bank, 726 S.W.2d 537, 1987. Knowing failure to disclose material information, necessary to prevent statement from being misleading, or making representation despite knowledge that

it has no reasonable basis in fact, are actionable as fraud under [the] law.” Rubinstein v. Collins, 20 F.3d 160, 1990.

Party in interest may become liable for fraud by mere silent acquiescence and partaking of benefits of fraud. Bransom v. Standard Hardware, Inc., 874 S.W.2d 919, 1994.

When circumstances impose duty to speak and one deliberately remains silent, silence is equivalent to false representation. Fisher Controls International…

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From LB: Marvin Siegel’s estate dips by 5 million within a few years of being in probate court guardianship

MaryGSykes.com

One attorney was billing $200k per year to this estate!
This is horrible and has to end!

ISOLATE, MEDICATE, LIQUIDATE: How to Fleece a Senior

Warning to Seniors: Rich or Poor, You’re Worth a LOT to Lawyers, Courts, and Service Agencies!

by Lonnie Brennan

It started out simply: a retired Boxford lawyer, Marvin Siegel, got along in years, and as he approached his 83rd year amongst his fellow men, he began to slip a bit, needing some help around the house. His family pitched in, and at one point, a service that provided checkups on the elderly would visit with Mr. Siegel and see to his needs.

As time went on, his needs increased and a family member related that it made sense for his youngest daughter, a lawyer like her dad, to move into the family home with her…

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From ND ILL Fed Ct–Changes to Rules re: filing of Answers and Motions to dimiss

MaryGSykes.com

Apparently a Mandatory Answer with a Motion to Dismiss is no longer required.

The Northern District of Illinois launched a Mandatory Initial Discovery Pilot (“MIDP”) on June 1, 2017.  The three-year pilot has now been in effect for 18 months, and the judges of the district have decided to modify it slightly.

During the first 18 months, the MIDP has required parties in civil cases to file answers to complaints even when they file a Rule 12(b)(6) motion to dismiss or similar motion.  Answers are not required if motions to dismiss assert jurisdictional or immunity defenses.  As you know, answers trigger the 30-day period for the exchange of MIDP responses.  The MIDP requires these early answers to ensure that MIDP responses are exchanged at the outset of the case.

Effective December 1, 2018, the MIDP will be amended to provide that answers are due under the time periods established by…

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From JP: Case Law on pro se litigants

MaryGSykes.com

this is for when you’re pro se and screw up a bit.

The courts should help you out, at least a bit.

Due process issue unique to pro se litigants is what role the Rules of Civil Procedure should play. The Rules attempt to define a fair method of procedure, but an unrepresented litigant kindly asks for exceptions because when applied the method of procedure needs to be learned. In effect, courts liberally interpret the Rules to the benefit of pro se litigants. As described above, this is supported by Rule 1, which states that courts should consider the goals of fairness, speed, and cost, and Rule 94, which allows the rules to be relaxed or dispensed with when necessary. Since the plaintiff is attempting proper procedure in good faith, I ask the court to grant this leave to file a proper objection found in prior judgment. However, the…

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From FB: Chicago’s Homan Ave Police station riddled with police violence and torture–demand it be shut down!

MaryGSykes.com

Documents disclosed in Guardian lawsuit reveal for first time how Chicago police used punches, baton blows and Tasers at the off-the-books interrogation site

‘I was struck with multiple blows with open and closed fist by two officers ... I felt my face start to swell and deform instantly.’
 ‘I was struck with multiple blows with open and closed fist by two officers … I felt my face start to swell and deform instantly.’ Illustration: Jan Diehm for the Guardian

Internal documents from the Chicago police department show that officers used physical force on at least 14 men already in custody at the warehouse known as Homan Square.

Police used punches, knee strikes, elbow strikes, slaps, wrist twists, baton blows and Tasers at Homan Square, according to documents released to the Guardian in the course of its transparency lawsuit about the warehouse. The…

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