Tuesday, November 5, 2024

'I can't wait for you to die soon!' Tennessee nursing assistant charged with elder abuse

by WTVC


CHATTANOOGA, Tenn. — A certified nursing assistant threw a 90-year-old Alzheimer's patient out of a shower and started beating him, saying "I can't wait for you to die soon!" according to Chattanooga Police.

The incident happened on Wednesday in the early morning hours at the Ascension Living Valley Residence on Mountain Creek Road, which is a facility for people with Alzheimer's disease.

The victim required two certified nursing assistants (CNAs) to give him a shower, while he was seated in a shower chair.

The other CNA told officers that she and 51-year-old Gary Christopher Crownover were giving the victim a shower when the victim hit Crownover in the face, which knocked off his glasses.

The affidavit says Crownover then

..became very upset and pulled the chair with the victim in it completely out of the shower and then dropped the chair and victim onto the floor. Witness stated Mr. Crownover then hit the victim in the head with closed fist multiple times and then smacked victim in the face with open palm multiple times. Witness stated Mr. Crownover stated "I can't wait for you to die soon" to the victim. Witness stated she was shocked with the incident.

The CNA said she and Crownover then picked the chair and victim up off of the floor and dried him off.

There was blood on a towel from a knee injury the victim sustained during the beating, and he also had redness on his right eye, according to the affidavit.

After putting the victim to bed, the CNA reported what she saw to her supervisor, who immediately called the police.

The affidavit says police were advised that Crownover had been "sent home on suspension" before officers got there.

Authorities arrested Crownover later in the day on Wednesday and charged him with abuse of a vulnerable adult.

We reached out toAscension Living, who tells us via email:

"The health and safety of our residents and associates is of the utmost importance. We take these allegations very seriously and are cooperating with law enforcement officials on this matter. The associate is no longer working and has no access to the facility. We are committed to ensuring a safe environment and remain dedicated to serving the healthcare needs of our community."

Full Article & Source:
'I can't wait for you to die soon!' Tennessee nursing assistant charged with elder abuse

Man sentenced for stealing over $1.3 from elderly Cherokee County mother

By FOX 5 Atlanta Digital Team


WOODSTOCK, Ga.
- A man will spend a decade in prison after police say he stole more than $1.3 million from his elderly mother's bank account.

At a hearing in September, 64-year-old Thomas Glenn North III pleaded guilty to 37 charges including one count of neglect to a disabled, adult, or elderly person; 1 count of exploitation and intimidation of a disabled, adult, or elderly person; and 35 counts of theft by taking.

Officials say they began their investigation into North after a family member discovered that the victim's assisted living facility was evicting her because he hadn't paid her rent.

According to evidence provided by prosecutors during the hearing, North had power of attorney for his mother and withdrew $1.35 million from her bank account and trust fund over three years.

"At a vulnerable time in her life, the victim in this case trusted her son to serve as power of attorney, with the expectation that he would safeguard her finances and well-being," said Deputy Chief Assistant District Attorney Rachel Hines, of the Special Victims Unit, Office of the District Attorney. "Instead, he shamelessly took funds from a family trust, stole the proceeds of her home sale, and completely depleted her life savings, forcing her to rely on the support of other family members."

At the hearing, North's sister told the court how the betrayal had deeply affected her mother's physical and emotional help. 

"Elder abuse takes many forms, including theft. Sadly, this is often a crime that involves family members," said District Attorney Susan K. Treadaway. "What is especially shocking about this case is that this defendant brazenly withdrew thousands of dollars on a regular basis until his mother was left penniless and no longer able to support herself. A lifetime of savings was wiped out in three years."

Following the guilty plea, a Superior Court judge sentenced North to 40 years with the first 10 in custody and the remainder on probation. North will also be required to pay back the funds he took at a rate of $50,000 a year.

North is also forbidden to have any contact with his mother or other members of her family. 

Full Article & Source:
Man sentenced for stealing over $1.3 from elderly Cherokee County mother

Dog groomer arrested for alleged sexual assault on 75-year-old client


Author: Steve Price 

SOLANA BEACH, Calif — Tony Choi has been arrested and charged with elder abuse and sexual assault. 

San Diego Sheriff's deputies say the 52-year-old Solana Beach resident approached a 75 year old woman while she was outside her home near the Torrey Highlands area and asked her if she wanted her dogs washed. Moments later, she invited him inside and that's when they say Choi attacked her.

Fortunately, a caregiver at the home interrupted the attack and Choi ran away. It happened Halloween morning and Choi was arrested later that night outside his home.

Choi is no stranger to law enforcement and CBS 8. We first met him in September 2022, after multiple grooming clients say he not only did a terrible job, but also injured their pet. 

"To see my dog after the fact and she's curled up in a corner and obviously traumatized, I don't even want to think about what happened in that van," David Miner told us back then. 

His golden retriever, Dixie, was in Choi's van for three hours and came out of it in bad shape. 

"It was terrible. It really was."

And Dixie's not alone. Kugle's owner says the Goldendoodle had cuts all over its body, and Toodels left traumatized. 

"Raw skin around his ears and his rectum," said Toodles' owner, Norman Ratner. "Rear end and the underbelly was just raw."

CBS 8 left messages on a phone number we had for Choi and knocked on his door to see if he'd talk about the incident, but he didn't return our call and, with the exception of two dogs that barked as we arrived, no one else was home.

Choi has not faced any criminal charges related to his grooming business because animal control can't prove his actions constituted animal abuse. But CBS 8 has learned he's been arrested several times, including twice last year for allegedly driving under the influence of drugs.

He's currently out of jail on $100,000 bail. He's scheduled to be in court for an arraignment on November 8, 2024.

Full Article & Source:
Dog groomer arrested for alleged sexual assault on 75-year-old client

Monday, November 4, 2024

FRANK'S KEEPSAKES American Pickers star Frank Fritz’s antiques including his motorcycle collection to be auctioned off after tragic death

by Teresa Roca

AMERICAN Pickers star Frank Fritz’s antiques will be auctioned off after he tragically passed away two years after suffering a debilitating stroke.

Frank died at age 60 on September 30 with loved ones, including longtime friend and co-star Mike Wolfe by his side.

Frank Fritz with his motorcycle collection at his Davenport, Iowa farmhouse in 2021
Frank Fritz with his motorcycle collection at his Davenport, Iowa farmhouse in 2021Credit: Coleman-Rayner
Frank Fritz's friend said the star's motorcycles will be auctioned off
Frank Fritz's friend said the star's motorcycles will be auctioned offCredit: Coleman-Rayner

Frank was a longtime collector of motorcycles, vintage signs and other antiques, as he even owned antique store Frank Fritz Finds in Savanna, Illinois. 

In an exclusive interview with The U.S. Sun, Frank’s longtime friend Jerry Gendreau revealed what will happen to the American Pickers star's beloved antiques. 

“They’re going to have an auction.

"That’s what I would do because of his fan base, I think he’ll do really, really well with an auction.”

In 2021, The U.S. Sun photographed Frank at his $155,000 Iowa farmhouse in Davenport, Iowa. 

In one of Frank’s outhouses on the property, Frank showed off rows of motorcycles from his personal collection.

Through the years, viewers of American Pickers have watched Frank purchase items from vintage signs to antique mannequins. 

Jerry previously told The U.S. Sun some of the bikes will be displayed at his store.

Frank Fritz Finds is located in the back room of Jerry’s bar, Hawgdogs, in Savanna, Illinois.


Jerry told The U.S. Sun in October, “We have been an antique store for 35 years. We’ll probably continue to be that. 

“We may display motorcycles and choppers that represent Frank. 

“Right now it’s set up as an 1880s general store. Maybe they’ll be bikes on a rack all the way down the center.

"We’re trying to contemplate what other people want me to do.”

Frank Fritz Finds sells small antiques from $35 oil cans to a $30 vintage typewriter. 

Frank wasn’t as involved in the business after he suffered the stroke in July 2022 at his Iowa home.

Frank Fritz was also the owner of many pricy antique signs
Frank Fritz was also the owner of many pricy antique signsCredit: Coleman-Rayner
Frank Fritz's store Frank Fritz Finds is located in Savanna, Illinois
Frank Fritz's store Frank Fritz Finds is located in Savanna, IllinoisCredit: News Enterprises Inc

CONSERVATORSHIP

Frank’s friends filed an emergency appointment of a temporary guardian and conservator for the star on August 18, claiming his “decision­-making capacity is so impaired” from the stroke.  

The conservatorship papers obtained by The U.S. Sun revealed plans for the store during his health battle.

The Initial Plan filed by conservator MidWestOne Bank read, “Mr. Fritz is a well-known collector and has numerous outbuildings full of valuable collections. 

“The conservator has not yet inventoried those items but plans to leave them largely as they are now, with the exception of stocking Mr. Fritz’s antique store in Savanna, IL as needed. 

“Conservator is hopeful [Frank] will be able to participate in selection and pricing of items as he did previously.”

Frank Fritz's Conservatorship

Frank Fritz was placed under a conservatorship in August 2022, just weeks after he suffered a stroke.

  • Frank's conservator is MidWestOne Bank and is in charge of his finances
  • The bank agreed to invest Frank's money and collections to generate income
  • The guardian is his good friend Chris Davis
  • Chris is responsible for helping Frank manage his Crohn's disease treatment, go to physical therapy, grocery shop, cook and more day-to-day tasks
  • The conservatorship also agreed to help replenish Frank's Iowa antique store, Frank Fritz Finds
  • A wheel-chair ramp and more have been installed in his Iowa home under the conservatorship

LEAVING PICKERS

Frank left American Pickers in 2020 to undergo back surgery.

He never returned and was officially let go in 2021, despite fan outrage over the cast shakeup.

Mike's brother Robbie replaced Frank on the show, while Jon "Jersey Jon" Szalay later became a full-time cast member.

Frank revealed his feud with Mike, 59, during an interview with The U.S. Sun in 2021.

Frank said, “I haven’t talked to Mike in two years. He knew my back was messed up, but he didn’t call me up and ask how I was doing. That’s just how it is.

"The show is tilted towards him 1,000 percent. I can’t even bend that far down to show you how much.

"That’s fine. It’s like you’ve got Aerosmith, and there’s Steven Tyler, and he’s the frontman. 

“I found my spot, I’m second and he’s number one on the show. That’s no problem with me, maybe he does have a problem.”

FINAL YEARS

The stroke left Frank wheelchair-bound, as he was in rehabilitation.

“He can walk, but he’s always going to need the wheelchair because he can’t walk long distances,” a source previously told The U.S. Sun in August 2023.

“Basically, you lose motion. He lost motion. A stroke can affect your left or your right side, it affected his right side.”

Jerry previously gave insight into Frank's health struggles in the months before his passing.

“He felt really, really bad," he told previously The U.S. Sun.

"You would go to see him in the nursing home and one-half of his body was completely done. He would lift his arm up and it would just drop.

"That’s got to be tough to be totally bedridden.”

Jerry explained how Frank grew “frustrated” because he “couldn’t come out and say what he wanted to say,” though some days were "much, much better than others.”

“I’ve seen this when people get tired, they get tired. I think if you don’t have the will to live, you won’t," Jerry said.

“I think Frank could’ve lived a lot longer if the will to live would’ve been there.”

Mike and Frank ended their feud during his health issues and reunited over Memorial Day Weekend of 2023.

Mike was by his side in hospice when he passed, along with other loved ones. 

Frank Fritz passed away on September 30, two years after suffering a stroke
Frank Fritz passed away on September 30, two years after suffering a strokeCredit: American Pickers on The History Channel/Facebook
Frank Fritz starred on American Pickers alongside Mike Wolfe and Danielle Colby

Full Article & Source:
FRANK'S KEEPSAKES American Pickers star Frank Fritz’s antiques including his motorcycle collection to be auctioned off after tragic death

See Also:
'American Pickers' star Frank Fritz dead at 60

FRANK'S FIGHT American Pickers’ Frank Fritz relies on ‘long-term nursing care’ after stroke as conservator demands access to his funds

Judge Rules On ‘American Pickers’ Frank Fritz Conservatorship

AMERICAN PICKERS STAR FRANK FRITZ'S JUDGE MAKES MAJOR RULING IN DEMAND TO SEAL HEALTH & FINANCIAL RECORDS AFTER STROKE

‘American Pickers’ Frank Fritz Conservatorship In Danger

RIGHT PATH American Pickers star Frank Fritz’s conservator files new financial plan as he recovers from debilitating stroke

American Pickers' Frank Fritz Still Under A Conservatorship, But There's Been An Update

PICKING PRIVACY American Pickers star Frank Fritz’s conservator begs judge to seal his financial records and location amid his recovery

CONSERVATOR CHAOS American Pickers star Frank Fritz’s conservator at risk of removal by judge after star suffers debilitating stroke

PAY UP American Pickers alum Frank Fritz’s conservatorship lawyer demands to be paid $2K for his services in tragic case

Frank Fritz, of 'American Pickers,' under guardianship after stroke

FRANK'S FATE American Pickers alum Frank Fritz’s judge makes major ruling in conservatorship case after star suffers from stroke

Upstate medical billing company owner pleads guilty to healthcare fraud

by Olivia Jaquith


ALBANY, N.Y. (WRGB) — A Plattsburgh man pled guilty Tuesday to healthcare fraud, federal prosecutors said.

According to a release, Scott Newcombe, 40, as part of his plea, admitted that from approximately April 2020 through April 2023, he acted as the office manager and healthcare claims biller for two physicians’ practices in Plattsburgh through a company that he formed, called SJ Healthcare Management Services, LLC. The company reportedly charged a fixed monthly fee, under which prosecutors said Newcombe performed various management, administrative and billing services for the practices.

Prosecutors with the U.S. Attorney’s Office for the Northern District of New York (NDNY) said Newcombe further admitted that he submitted false and fraudulent claims to public and private insurers on behalf of the aforementioned practices for services that, in some instances, were never provided and, in other instances, were provided at lower reimbursement rates than the amounts billed.

Newcombe is scheduled for sentencing on Feb. 28, 2025, according to a release. He faces up to 20 years in prison and a term of post-imprisonment supervised release of up to three years.

The Federal Bureau of Investigation (FBI) and U.S. Department of Health and Human Services (HHS) investigated this case.

Full Article & Source:
Upstate medical billing company owner pleads guilty to healthcare fraud

Sunday, November 3, 2024

Life Care Centers CEO Faces Conservatorship Bid, Raising Concerns Over Nursing Home Giant’s Future


By Zahida Siddiqi

The CEO and sole owner of Life Care Centers of America, Forrest Preston, is facing a conservatorship bid from his son, with the suit raising questions about the future of one of the nation’s largest nursing home providers.

Preston’s son, Aubrey B. Preston, is seeking a court intervention in the matter, alleging in an Oct. 29 complaint filing that Forrest’s wife, Kim Phuong Nguyen Preston, and her family have abused and financially exploited his father.

The older Preston is being asked by a county judge to submit to two medical examinations within 10 days amid the conservatorship petition.

The filing asserts that Forrest’s disabilities have allowed Nguyen Preston’s family to disrupt Life Care’s operations and potentially threaten its financial stability. Allegations include Nguyen Preston’s involvement in board meetings and her intimidation of employees.

The court documents called attention to maintenance delays at Life Care facilities as well as sale or closure of facilities to generate cash and reduce operational expenses from the pandemic through early 2024. Based in Cleveland, Tennessee, Life Care Centers owns or manages nearly 200 skilled nursing. post-acute and Alzheimer’s centers in 26 states, and employs approximately 40,000 individuals. It is one of the nation’s largest privately-owned nursing home chains, contributing to Preston’s estimated net worth of over $1 billion.

“Life Care is undercapitalized with over a hundred million dollars of deferred maintenance, needed facility improvements, and depreciated equipment in need of replacement,” the court filing states.

In an emailed statement to Skilled Nursing News, Life Care Centers of America President Todd Fletcher said, “Regardless of any legal proceedings, Life Care’s leadership and associates both in Cleveland and around the country remain committed to fulfilling their mission of providing excellent care to the residents in the communities they serve,” adding that “Life Care has no further comment at this time.”

Company representatives also confirmed that Forest Preston, who founded Life Care in 1976, remains the company’s current owner, chairman and CEO.

In describing the older Preston as “mentally and physically disabled,” the court filing states that Life Care’s executive team has managed as best they can, but that their authority is limited.

“Forrest’s disabilities have progressed to the point that his behavior is endangering Life Care’s very existence,” the filing states.

The court filing alleges that he is “unavailable to Life Care executives for weeks and sometimes more than a month when key decisions are needed or his signature on crucial documents is required.”

Chattanooga attorney Gary L. Patrick, representing the son, stated in the complaint that “Aubrey no longer had any choice but to seek this court’s intervention, not just for Life Care’s patients and employees, but most importantly for the safety and well-being of his father.”

The complaint alleges that Preston’s current wife, Nguyen Preston, and her siblings engaged in conspiracy and civilly aided one another in misappropriating Forrest’s assets, citing violations of the Tennessee Adult Protection Act. The filing also claims that since marrying in 2018, Nguyen Preston has progressively isolated Forrest from his family and friends.

The complaint suggests that instead of protecting him, Nguyen Preston and her family unlawfully enriched themselves, acquiring significant real estate and cash.

Full Article & Source:
Life Care Centers CEO Faces Conservatorship Bid, Raising Concerns Over Nursing Home Giant’s Future

Richard Simmons' Brother Lenny Speaks Out About Legal Battle Over His Estate: 'Contrary to His Beliefs' (Exclusive)

The family of the late fitness icon has responded to a petition filed by Simmons' house manager, Teresa Reveles

By Cara Lynn Shultz


The family of Richard Simmons has replied to a court filing from the late fitness icon’s house manager Teresa Reveles, who claimed she was pressured into giving up her role as “co-trustee” of Simmons’ considerable estate.

In an exclusive statement to PEOPLE on Oct. 30, Simmons' brother Lenny said, “First, I am solely interested in protecting and maintaining my brother’s legacy. It was never my intention to play this out in public, but due to circumstances beyond my control, I have been forced to do so."

The statement continues, "Second, we have filed papers with the court that address and refute what Teresa has claimed. They also provide a brief summary of the reasons I declined Teresa’s request to serve as co-trustee and my concerns about why she is proceeding with this litigation."

Reveles, 73, filed a petition against Lenny, 78, on Sept. 25. In the petition, Reveles stated that after “an open casket viewing of Richard’s body," Lenny and his wife Cathy Simmons “immediately” took her “directly to a meeting … to discuss Richard’s financial affairs.” 


The petition referred to Lenny Simmons' actions as a “nefarious scheme,” with Reveles, who is not a native English speaker, claiming she did not understand what she was signing. She also alleged that Lenny colluded with Simmons' former manager Michael Catalano.

"The criticisms of Michael Catalano are unjustified," Lenny said in his statement. "Michael was Richard’s longtime manager and his friend. Michael worked tirelessly for Richard throughout his life, often without being compensated, and is continuing to do that even after his death. It is a shame that Teresa is attempting to tarnish his reputation and harm his career."

The beloved fitness star died on July 13, two days after he fell in his home. Reveles discovered Simmons unresponsive on his bedroom floor and called 911. His death at age 76 was ruled accidental, the result of “blunt traumatic injuries” he suffered during his fall. 


Tom Estey, longtime spokesperson for the Simmons family, provided PEOPLE an exclusive statement at the time of Reveles' filing, saying Richard Simmons “would be heartbroken to learn of Teresa’s greed and insulted that she would diminish their three decades of supposed friendship in such a public way. Her actions threaten to harm Richard’s incredible legacy, which we are working hard to preserve.”  


Estey's statement continued: “She is a significant beneficiary of his will. She made an informed decision to decline to serve as co-trustee of the estate, which does not affect her status as a beneficiary at all … Teresa’s request to be reinstated as co-trustee was declined because co-trustees must work together in the best interests of the estate, and Teresa has shown by her actions that she does not share those interests." 

In his statement to PEOPLE on Oct. 30, Lenny concluded, "My brother embodied and emanated joy, laughter, and above all, kindness to each other. This litigation, which I did not initiate, is completely contrary to his beliefs and his values. My sincerest wish is that it ends as soon as possible and that we can turn our attention to ensuring that Richard’s positive message continues to be heard by generations in the future.”

Full Article & Source:
Richard Simmons' Brother Lenny Speaks Out About Legal Battle Over His Estate: 'Contrary to His Beliefs' (Exclusive)

Athens woman charged for financial exploitation of 90-year-old

By PHILIP O’DELL


SOUTH WAVERLY — An Athens woman was charged with financial exploitation of an elderly person she was caring for in South Waverly Borough.

Lisa Irene Pate, 54, is accused of stealing $400 in an envelope from a 90-year-old woman, according to Sayre Borough police. Pate cared for the victim as a home health nurse. The money went missing from a purse inside a residence after Pate left for the day on Sept. 17. The $400 was originally intended to install a ramp for the victim.

The next day, a relative of the victim left $152 in a purse within a drawer to see if money would go missing, according to court documents. They later discovered $70 of it was missing on Oct. 2.

According to police, Pate stopped appearing for work the day after the theft allegations were reported. On Oct. 18, police contacted Pate and she denied the allegations and attributed a foot injury to missing work.

Pate faces first degree misdemeanor charges of financial exploitation of older adult or care dependent person and theft by unlawful taking of movable property. A preliminary hearing is scheduled for 10 a.m. on Dec. 3 before Magisterial District Judge Larry J. Hurley.

Full Article & Source:
Athens woman charged for financial exploitation of 90-year-old

Saturday, November 2, 2024

Sanction against Northwestern law prof affirmed by 10th Circuit

By Debra Cassens Weiss

A federal appeals court has affirmed a $5,000 sanction against a professor at the Northwestern University Pritzker School of Law for seeking to remove a state court motion to federal court, finding no abuse of discretion by a federal judge who imposed it.

In an Oct. 30 unpublished opinion, the 10th U.S. Circuit Court of Appeals at Denver said it discerned no reversible error by U.S. District Judge Daniel D. Domenico of the District of Colorado.

Domenico had sanctioned professor Bernard S. Black for seeking to remove the state court motion that sought to oust him as a trustee for the conservatorship estate of his sister. The sister is mentally ill and unable to manage her affairs.

Lawyers for Black’s sister filed the motion to remove him after a Colorado probate court found that Black improperly diverted some funds from his sister while serving as executor of his mother’s estate.

Domenico said the removal attempt was improper because motions can’t be removed to federal court and because the underlying probate matter couldn’t be heard in federal court.

The $5,000 sanction represented the sister’s attorney fees plus costs. A magistrate judge had found that the claimed fees were reasonable, “particularly in light of the 269 pages of briefing Mr. Black had filed in the matter,” the 10th Circuit said.

Black told the ABA Journal that he is “frankly shocked that I didn’t get a serious hearing before the 10th Circuit.”

The whole purpose of removal, he says, is to allow a party to escape from a state court judge who might be biased.

The probate judge, he says, is “running what can only be described as a racket that extracts wealth from people subjected to guardianship or conservatorship.”

Black had contended that removal was proper because his sister’s motion to oust him as conservator initiated an independent controversy, essentially constituting a new civil action.

The appeals court summarizes other arguments.

Black “contends that it was improper to impose a bar referral sanction in addition to a monetary award; that the district court failed to give him adequate notice that in considering whether to impose sanctions, the court would consider his conduct in other cases; that the district court misunderstood those other cases; that the sanctions were punitive and therefore warranted ‘criminal-type procedural protections;’ … and that it was improper to judge his conduct in cases where he acted in a different legal capacity.”

The 10th Circuit rejected the arguments “upon review of the record, the briefs, and the district court’s well-reasoned orders, and in light of the appropriate review standards.”

In the probate case, Black contended that he was carrying out his mother’s estate plan to put two-thirds of her estate into a special needs trust for Black’s sister and one-third into a trust for Black and his children. To do that, he disclaimed payable-on-death benefits in his mother’s brokerage account that sent nearly all the funds directly to the sister.

A probate judge ordered Black to reimburse his sister $1.5 million and trebled the damages, which required Black to come up with an additional $3 million.

Black told the Journal that the Colorado probate judge wrongly decided that he stole money from his sister.

“I didn’t,” Black says. “All the money is in trust. Nothing is stolen.”

In his 10th Circuit brief, Black said the dispute has led to “cascading travesties of justice.” The Denver probate court repeatedly ruled against him, “often without notice, jurisdiction or evidence,” he wrote in the brief.

Black said in the brief his sister has lived in New York since 2013, and she was found competent by a New York court in 2016. Yet the Denver probate judge refused to terminate the conservatorship.

Then the federal courts relied on the Denver probate judge’s findings, he says.

“This is another instance in which I have been truly stunned at the extent to which you get one judge who says bad things about you, and no other judge will take a serious look at the merits,” Black told the Journal. “The district court didn’t, and now, the 10th Circuit has not. That’s not the way our justice system is supposed to work.”

“We need more willingness in our system to understand that not everything a judge says is true. In another case, a second judge has to be willing to have an open mind,” he says.

Black maintains that Domenico wrongly concluded that the case shouldn’t be in federal court because of the probate exception. The exception doesn’t appy, Black says, because the Colorado court was not administering a decedent’s estate.

His appeal in state court maintains that there should be no conservatorship in Colorado because his sister no longer needs it. He has not paid $4.5 million “because I don’t have it,” he says.

What happens next?

“I wait and see if the New York bar wants to do anything with the referral” for alleged ethics violations, he says. “If they do, I defend.”

Hat tip to Law360, which covered the 10th Circuit’s decision.

Full Article & Source:
Sanction against Northwestern law prof affirmed by 10th Circuit