Complaint cites wrongful death, negligence as claims
LAS VEGAS (KLAS) — The daughters of a woman who died after falling
out of her bed at a Las Vegas nursing home have filed a lawsuit against
the facility, a lawsuit filed Monday said.
Pamela Rumel was 85 when she died on July 11, 2022, according to her obituary.
In June 2022, Rumel was admitted to Silver Hills Health Care
Center, a northwest Las Vegas valley nursing home, the lawsuit said.
The morning of Rumel’s death, she fell out of her bed, causing “her
to suffer a right distal femur fracture and hemorrhagic shock with
generalized weakness, right lower extremity pain, right hip pain, back
pain and death,” the lawsuit said.
Rumel lay on the floor of her room “in extreme pain begging for” help
for 15 minutes, the lawsuit said. She was able to text one of her
daughter for help while on the floor, the lawsuit said. Staff then
transported Rumel to a hospital where she died that evening, the lawsuit
said.
A doctor, whose declaration is provided in court documents, said
Rumel was “assessed to be at significant risk for falls,” adding that
“her underlying comorbidities” and the fall “proved overwhelming” to her
body and led to her death, documents said.
“The standard of care was not met by the staff at Silver Hills
Healthcare Center in development of a care plan with individualized
interventions to prevent this fall with significant injury,” the doctor
said in his declaration. “The fall led to severe pain in her bilateral
lower extremities, particularly affecting her right leg and hip. She
also experienced nausea, constipation, and chills as a result of the
pain.”
The wrongful death lawsuit, filed by attorneys at Bighorn Law, cited
claims of negligence and elder abuse. The civil lawsuit seeks a jury
trial and a minimum of $15,000 in damages, which is standard in Nevada.
Representatives from Covenant Care, which owns the facility, did not immediately respond to a request for comment.
More questions arise as victims wait to hear from the Palmetto State’s supreme court
by Jenn Wood
When Richard Anthony Mogy
died suddenly in a tractor accident on June 8, 2003 at the age of 42 at
his farm in Sumter County, South Carolina, he left behind his wife, Cathy Mogy,
and two children. Cathy, a nurse anesthetist, found herself overwhelmed
with her new role as a widow and single parent – but the Mogy’s were
planners. They had visited popular Florence estate attorney,Gary Crawford, before Richard died.
Richard Mogy was a partner in a property development business – TRC Properties LLC – with his best friend, Tony Hall and Cathy’s brother-in-law, Charlie Walls.
The three partners decided it would be prudent to purchase a life
insurance policy in case something happened to one of them and their
spouses had to buy themselves out of the business.
The three set the policy up and it became effective at the end of May of 2003 — just over a week before Richard Mogy died.
The policy they set up is commonly known as a “key-man” life insurance policy in the amount of $1 million.
A key-man policy is taken out in the name of the company – and the
company is the beneficiary, not the individual members. When Richard
Mogy died, Cathy became the third partner of TRC Properties. Yet she
says she never saw a dime of this insurance money. But as a newly single
mom with no business background, she didn’t know she should be asking
questions.
In late 2022, Cathy Mogy started asking Crawford’s office for a copy
of her late husband’s estate file. A property owned by Summerville
Properties — another business in which Richard Mogy was a partner — was
sold despite her objections. The other partners in the business signed
an affidavit stating that Richard Mogy was never a partner –and Cathy
Mogy was not currently a partner. A statement Cathy states is absolutely
false. Any sale of the property required a unanimous vote from all
partners per the original contract. This affidavit took away her ability
to vote on the decision allowing the property to be sold despite her
objections. Nevertheless, Cathy Mogy’s accountant needed information
regarding the sale from the estate regarding the value of the property
for the purpose of filing her taxes.
Around March 15, 2023 — with the tax deadline nearing — Cathy called
Crawford’s office and demanded her file, stating she would take legal
action if it was not made available to her immediately. Mogy was told
the file would be ready for her review on Monday, March 20, 2023.
If you have followed our ongoing coverage of the Palmetto State’s probate court mess, you know what happened next …
Gary Crawford died by suicide in the parking lot of his law office on Sunday, March 19, 2023.
Like Craig Hanna – who was having similar issues obtaining his father’s estate files from Crawford – Columbia-based attorney Tucker Player
was willing to assist her in recovering the documents. On May 11, 2023,
a process server attempted to deliver a subpoena to Crawford’s law
office for production of the Mogy and Hanna files. To their surprise, Rebecca Crawford – Gary’s wife and long-time legal assistant – refused service.
With no clarity as to the appointed successor to Gary Crawford’s firm, Player filed an emergency petition (.pdf)
for a writ of injunction and appointment of receiver for Gary Crawford
with the S.C. supreme court on May 24, 2023. In this filing, it was
noted that in addition to the question of where the money from the $1 million insurance policy went, Cathy Mogy had obtained her file from Brown Johnson – who claims to be Gary Crawford’s successor – and that what they discovered therein was “troubling“.
For example, contained therein was a deed for a property transferred on May 25, 2004 for $103,632 to Cecil Edward Floyd Jr.
(a.k.a. “Bubby”). When Cathy Mogy looked at her signature on the
affidavit attached to the deed, she realized it was not her signature.
In fact, it didn’t even look like her signature. And the witness who notarized it? Gary Crawford’s wife, Rebecca Crawford.
(Click to view)
(Via: Provided)
“Troubling” indeed …
Mogy’s attorneys stated they are in the process of retaining a
handwriting expert to fully investigate the authenticity of this
signature, but notes considering the evidence, it is not believed this
was a single transaction. The very real concern of the lack of any
attorney currently maintaining and possessing the client files of Gary
Crawford combined with the fact that the woman (Rebecca Crawford) who
notarized what appears to be a forged signature is currently the only
person in the custody and control of all those client files, is the very
definition of a emergency situation.
*****
THE RESPONSE …
On June 5, 2023, attorney Walter B. Todd Jr.–
who represents Rebecca Crawford and the law offices of Gary Crawford –
filed a response which purportedly attempted to clarify some of the
allegations laid out in the motion filed by Mogy’s attorney. Instead of
providing answers, though, the filing brought even more questions to
light.
According to Todd’s filing, Mogy was unsuccessful in obtaining her
file because “she had no active file in March 2023 when Mr. Crawford
died.” Yet in 2017, Gary Crawford drafted and witnessed a power of
attorney for Cathy Mogy. Six years had not elapsed from the time that document was executed and the date when Mogy demanded her file in November 2022.
According to attorneys for the Crawfords, though, the files were destroyed.
According to the S.C. Bar Association’s ethics advisory opinion 02-14,
“a client file is the property of the client, under Rule 1.15 it is
appropriate for the lawyer to retain records of the property for a
minimum of six years after the end of the
representation. File contents should not be disposed of until such time
as it is reasonable to believe that their disposal will not prejudice or
potentially prejudice the rights of the client.”
Despite that six-year period being unelapsed, all the files of Cathy
Mogy in the possession of the Crawford Law Firm had been destroyed.
And the $1 millionlife insurance policy? According to an affidavit submitted by Richard Mogy’s former business partner, Tommy E. Hall, he and the remaining partner in the business received the money.
“After Richard’s death, the proceeds of the policy on Richard were
made payable to myself and Charles Wall who were the named beneficiaries
of the policy. We each received a check in the amount of $500,000.00.”
(Click to view)
Affidavit of Tommy E. Hall (Provided)
As noted, the “key-man” policy on the life of Richard Mogy was
purchased on behalf of TRC Properties LLC – meaning the company was the
beneficiary. This is standard in “key man” insurance policies and is, in
fact, a requirement to qualify for that type
of insurance. Therefore, the benefits should have been paid to the
company – not its individual members.
“Mr. Hall’s affidavit is essentially an admission of theft,” Tucker
Player noted. “He and the other partner took a distribution from the
company without making an equal disbursement to the third partner. That
third partner was either Richard Mogy’s Estate or his sole heir,
Catherine Mogy. Mr. Hall’s affidavit is the first notice of this
unlawful activity and reaffirms the need for urgency in obtaining the
files my client has sought for years.”
According to the attorney, each partner of TRC Properties should have received an equal share of the payout – or $333,333 – including Cathy Mogy as she became the third partner in the business as the heir of her late husband.
As for the forged signature, an affidavit submitted by Rebecca Crawford sought to explain it away as an innocent mistake.
According to Crawford’s affidavit, the deed was prepared for Mogy to sign as the seller – and she confirmed Mogy did
sign it (and she notarized the signature). However, she claimed “it
appears that Cecil Edward Floyd, Jr., whom everyone calls ‘Bubby,’
actually signed the (accompanying) affidavit” – which according to her
did not present a problem as “Bubby” was the purchaser in the
transaction.
Crawford acknowledged in her affidavit that Cathy Mogy’s name should
have been struck through – and “Bubby’s” name inserted in lieu thereof –
but according to her, “any closing with Bubby has always been an
adventure with him talking a lot and telling stories and entertaining
everyone at the table.”
(Click to view)
Affidavit of Rebecca Crawford (Provided)
“This was probably what happened and Gary probably put the affidavit
in front of Bubby, Bubby signed it, and none of us caught the fact that
we actually had Mrs. Mogy’s name printed on the affidavit,” she claimed.
*****
According to Tucker Player, this unsubstantiated excuse for someone
else signing his client’s name on a legal document is unacceptable. He
further noted there was no accompanying affidavit from “Bubby” to affirm
Crawford’s statement – or to compare signatures in an effort to see if
“Bubby” was indeed the mystery signatory.
WHAT HAPPENS NOW?
To date, there has been no response by the S.C. supreme court to any
of the filings made by Tucker Player on behalf of his clients.
Furthermore, no files have been made available for examination as they
were apparently destroyed sometime after Gary Crawford died by suicide.
Player believes the estates of Carlos Hanna and Richard Mogy are
beset with fraud and other illegal actions. Among these actions? The
attempted sale of a home belonging to Carlos’ widow – Georgia Hanna – for $225,000
without notice to any party (or any evidence presented as to the value
of the home). Indeed, the original order from Darlington County probate
judge Marvin Lawson actually stated the sale authorization was being issued “without notice.”
When Player filed a motion with the supreme court to vacate the sale, Lawson vacated his own order,
recused himself from handling Georgia Hanna’s case, recused a
conservator he had assigned to the case and attempted to send the matter
back to Florence County.
Shortly after that, the presiding judge in Georgetown recused herself
from the Hanna case and sent it back for reassignment due to a
conflict.
It has yet to be reassigned.
At this time, there is currently no judge for either probate matter,
and no conservator or guardian for Georgia Hanna who has Alzheimer’s
Disease and resides in an assistant living facility. It is unknown what
will happen if any medical decisions need to be made on her behalf nor
is it known who is paying her bills — including those for both her
living arrangements and her health insurance.
More importantly? It is not immediately clear how widespread these lingering issues are across the state …
After quite a few setbacks affecting both his personal and his professional life, former American Pickers star Frank Fritz seems to have landed a bit of positive news regarding his ongoing conservatorship. The antique-hunting entertainer suffered a stroke in July 2022
that left him reportedly unable to care for himself in various ways,
with a longtime friend stepping in to serve as a guardian. Some
information about Fritz’s current situation went public in the months
since MidWestOne Bank became his conservator, including key details about his financial troubles
and property locations. The latest update involves the financial
institution’s attempt to bring a halt to that particular information
remaining in the public sphere.
As
the conservator in this situation, MidWestOne Bank filed paperwork
specifically requesting that the court seal off the inventory of Frank
Fritz’s financial assets and properties.The request noted that his
status as a celebrity who collects antiques were important factors in
the attempt to remove such information from the public eye, as reported
by The U.S. Sun.
Thankfully for all involved on Fritz’s side of things, the judge who
was assigned to the case gave his approval for those records to be
sealed off.
The request filed in court can be read below:
The Protected Person is a well-known celebrity and collector
of antiques and other diverse items. The inventory and related
documents contain sensitive and private information regarding the
Protected Person’s assets and liabilities as well as their whereabouts.
The Conservator requests that the court allow the inventory and
associated documents to be filed under seal to protect the Protected
Person’s privacy and estate.
It’s not clear how lengthy a decision it was for the judge to make, but it doesn’t seem like there were any big hiccups.
Which
is possibly a great sign in and of itself, since it was just on June 2
when a Notice of Delinquency for Conservatorships was filed, due to a
lack of an inventory report being filed before the agreed-upon due date
of December 12, 2022. There’s a 60-day timeframe from the point when
that notice was filed, at which point things would be taken up a notch
from a legal standpoint. It’s possible that the record-sealing request
was part of the eventual inventory filing, but that’s also not clear.
Here’s hoping this is a step forward among many more in the near future for Frank Fritz, who almost surprisingly reunited with Mike Wolfe over Memorial Day weekend,
despite reports over the past couple of years about feuding strife
happening between the two. While some of that may have been legit in
small bites, their recent reunion made it sound like a lot of that
friction stemmed from working together so closely for so long ahead of a
big drastic change. It was previously reported in early 2023 that Wolfe
and the American Pickers team would be up for having Fritz back on the show
in the future, but that doesn’t seem wholly likely at the moment, at
least not until his health situation takes a major upward turn.
FLINT — Genesee County
Sheriff Chris Swanson announced June 28 at a press briefing an arrest
had been made and charges brought in an elder abuse case out of Mundy
Township.
Swanson said elder abuse charges have been brought against Frank
Katulski, 63, of Mundy Township, a former roofer and construction
business owner. He is accused of allowing his wife, who was suffering
from a traumatic brain injury, to remain bedridden and unmoved for so
long she developed ulcers in her skin.
Katulski’s wife, Belinda, 60, has since passed away, leaving the possibility of further charges, Swanson said.
He said the wife fell down a flight of stairs and suffered a
traumatic brain injury in 2019. She was transported to Mary Free Bed
Rehabilitation Hospital in Grand Rapids where she was cared for, but in
2020 Katulski lost his job and his health insurance was cut and he was
forced to take care of her himself.
“The case is tragic because it could have been avoided,” said
Swanson. “Not the accident, but the aftercare. Frank had the ability at
that point to reach out. If the care of another individual is too much
for you, or another person, or a companion pet, there are a thousand
things you can do to get help including this office.”
Swanson alleged Katulski’s wife was left sitting on a bed for months
and never moved. When that happens, he said, the skin breaks down from
cutis ulcers. In this case it left a hole in the woman’s skin all the
way through to the bone.
Katulski took her to Hurley Medical Center where health
professionals, seeing signs of what they believed was neglect, called
the Genesee County Sheriff’s Department Elder Abuse Task Force.
“There was an overwhelming burden of taking care of a person,”
Swanson said. “I’m not making an excuse on any of that because we have a
duty to take care of people, but when it’s too much for you, you can’t
let people sit there and die. You can’t let animals starve to death. You
can’t say there’s nobody out there to help you.”
Swanson said if someone finds themselves unable to take care of an
elderly, disabled or bedridden loved one they can call 911, or the
Sheriff’s office directly at 810-257-3422.
Luke Zelly, president and CEO of the Disability Network in Flint,
said his organization is also there to help those who are struggling to
take care of elderly or infirmed loved ones.
He said the public can ask for help by calling 810-742-1800.
Katulski is currently housed in the Genesee County Jail and hasn’t made bond.
A Metro Detroit guardian has been sentenced to
probation and ordered to pay a $3,500 fine for receiving payments to
influence votes in the 2020 general election.
Nancy
Williams pleaded guilty Thursday to seven counts of election fraud. In
exchange for her guilty plea, prosecutors dropped 10 counts of providing
a false statement on an absentee ballot, seven counts of forgery and
eight counts of forging a signature on an absentee ballot application.
Investigators
said Williams, who worked at Guardian and Associates in Oak
Park, submitted applications for absentee ballots to nine city and
township clerks on behalf of 26 legally incapacitated people under her
care and had the ballots mailed directly to her.
She also allegedly submitted separate voter
registration applications for each person without their knowledge or
consent, according to court records.
Wayne
County Circuit Court Judge Margaret Van Houten sentenced Williams to one
year of probation and ordered her to pay a $3,500 fine.
She
also is facing seven counts of election forgery and putting false
statements on an absentee ballot application in Oakland County. That
case remains pending in circuit court.
Officials said the state's Bureau of Elections became concerned about
the issue in October 2020 when election administrators reported absentee
ballot applications signed with an "X" with the request that the
ballots be sent to an address for "Guardian and Associates in Oak
Park."
OPINION: – On June 15, World Elder Abuse Day,
launched by the International Network for the Prevention of Elder Abuse
and the World Health Organization at the United Nations, raised
awareness about the abuse and neglect of older persons around the world.
Among the many challenges faced by older adults, financial exploitation
looms large.
Financial fraud is perpetrated on adults of all ages, but older
people are more likely to be targeted, largely because they hold more
wealth than younger people. Evidence that older people are especially
susceptible to scams is mixed; in fact, some studies have found that
older people are more resistant to financial scams than younger people.
Nevertheless, when frauds are successful with older people, the losses
they incur can be devastating, not only because older people have more
money to lose, but because they also have shorter time horizons to
recoup those losses.
There is widespread agreement among advocates for older adults and
the financial services industry that solutions are needed. Bankers,
financial advisors, and policy makers have been struggling for years to
identify ways to protect older adults from fraud. More can be done, but
it must be done thoughtfully. Unfortunately, legislation based solely on
chronological age, such as California Senate Bill 278,
would fundamentally change the way banks and other businesses engage
with older people. Senate Bill 278 would establish a de facto fiduciary
conservator relationship – limiting the financial autonomy of millions
of competent older people and, for reasons noted below, hurt more people
than it helps. Indeed, the legislation itself is premised on the
pervasive stereotype that age is a reasonable predictor of competence.
It is not.
In fact, chronological age is a poor predictor of functioning in
adulthood. Older populations include both the wisest members of society
and the most impaired. Moreover, although it is a devastating
impairment, most people 65 years and older do not suffer from dementia;
more than 90 percent of people aged 65 to 74 are not cognitively
impaired. Rates of dementia do increase with age, but even in the oldest
segment of the population, the majority of people are cognitively
intact.
Of course, there are many reasons why people make poor financial
decisions, such as drug addiction, inexperience, and mental illness; all
of these factors, however, are more prevalent in younger people than in
older people.
Normal age-related cognitive decline, or typical changes in cognitive
processing that occur in most people, is evident mostly on speeded
tasks that involve responses to novel stimuli. These changes have little
effect on deliberative reasoning, especially on familiar tasks. In
fact, because age is associated with greater familiarity with personal
finances, older people benefit considerably from their experience when
making financial decisions. A study published in the Proceedings of the
National Academy of Science found that investing experience facilitated
financial decisions even when the efficiency of cognitive processing was
somewhat reduced.
Stereotypes about older people are pervasive, with “incompetent”
among the most common. Because Senate Bill 278 will put the onus on
front-facing employees (i.e., bank tellers) to determine if customers
are making poor financial decisions, nonprofessionals will be charged
with making decisions about the cognitive competency of older people.
Understanding the potential legal action against their employers if
employees fail to report, combined with an absence of consequences for
over-reporting, employees will be highly incentivized to err on the side
of caution. Given the vast evidence of ageism, this legislation will
likely delay financial transactions, ranging from the most routine to
time-sensitive real estate transactions, for millions of older people,
not to mention the burden placed on elder abuse investigators whose time
will be consumed investigating financial transactions made by competent
people.
What can be done to address financial fraud? Employee training and
financial education and planning services should be prioritized, as
should collaboration and coordination with law enforcement and social
services agencies. The power of increasingly sophisticated technologies
should be harnessed.
We need real solutions that protect potential victims and do not
unduly underestimate and patronize the majority of older people. In a
time in which ageism remains so prevalent and the dignity and well-being
of older adults should be of concern to all of us, we can do better
than Senate Bill 278.
Laura L. Carstensen, Ph.D. is the director of the Stanford Center on Longevity. Paul Irving is a Senior Advisor at the Milken Institute and founding chair of its Center for the Future of Aging.
Melissa Edwards, right, is joined by her sister, Kim, and Kim's
daughter, Taylor, on their living room couch earlier this year in their
Clinton Township home.
MACOMB DAILY FILE PHOTO
A probate judge denied a Clinton Township woman’s request to manage
her cognitively impaired sister’s over $1 million trust but awarded
funds for a new vehicle for the cognitively impaired woman’s sister and
daughter to drive her in.
Wayne County Probate Judge David Braxton on Friday granted about
$45,000 for Taylor Edwards to buy a new truck for her mother, Kim
Edwards, who is impaired, but denied a request by Kim’s sister, Melissa
Edwards, to be named as the new trustee following the resignation of the
former long-time trustee, Mark Haywood.
“I don’t see how Melissa Edwards has standing; she is not a beneficiary
of the trust,” Braxton said at the hearing held over Zoom.
The judge also denied a request by Melissa Edwards to review the 12th
accounting of the trust that was approved in February while granting
the 13th accounting, which was reviewed and contained objections by
Melissa Edwards that were ignored, said attorney Phillip Strehle,
representing her. The 12th accounting reviewed one year of financial
transactions and statements from 2021 to 2022 while the 13th accounting
covered 2022 to 2023.
Strehle said after the hearing he is concerned about substantial
losses in the trust due to drops in the financial markets. There is $1.3
million in the trust.
Strehle said while the allocation of the funds for the truck was a
positive development, he predicted it will still take a long time to
actually purchase it because a new trustee was appointed Friday and will
need time to get acclimated with the case.
“We’ve already been waiting for a year,” Strehle said.
Kim Edwards, 46, became cognitively impaired in 2004 when she went
nearly 15 minutes without oxygen during a cardiac arrest as she was
giving birth. She gained a $3 million settlement with the hospital.
Kim Edwards’ mother for years was the guardian but was replaced a few
years before she died in 2018. A non-relative guardian had been in
place until earlier this year when Taylor Edwards turned 18 and was
named. The Edwards’ reside in a 2,500-square-foot home off of Clinton
River that was bought by the trust for $330,000 in 2011.
Melissa Edwards, 40, the paid caregiver for her sister, has
complained about how the court case and trust have been handled. She has
been displeased with Braxton’s rulings that do not give her “standing”
in the probate case despite being Kim Edwards’ sister and long-time
caregiver. She believes the judge and other parties are biased against
her because she is not a lawyer.
Braxton called her “head strong” and told her at least twice during Friday’s hearing to not talk after she interrupted him.
She said she was forced to dip into her own funds for auto repairs
and a preowned Jeep, which carries a $15,000 loan. She said she bought
the car because Haywood did not allow for repair of the transmission of
Kim Edwards’ Kia Sorrento, which stopped running last July.
Strehle criticized Braxton for not appointing Melissa Edwards as the successor trustee despite her status.
“The judge didn’t follow the law today as far as I’m concerned,” he
said. “He was citing events from years ago. He never used the phrase she
is ‘not suitable.’”
Braxton cited a report from over 10 years ago that indicated holes in
the home’s walls, Kim Edwards’ mattress was on the floor and
cockroaches infested the home.
“The interior of the home did not look like she was being taken care of,” Braxton said, citing video of the home.
But Melisssa Edwards denied and downplayed the accusations, noting
they were temporary situations. She said there was a delay by the
trustee in hiring a pet-control company to eliminate a roach infestation
in 2011 or 2012, and her mother hired a company with her own funds to
remove it.
Edwards said Haywood did not grant enough trust funds for home repairs.
Edwards can appeal the ruling but will have to continue to pay Stehle
with her own funds because Braxton says Melissa and Kim Edwards don’t
have a right to pay for an attorney with trust funds.
“I’ve thought about it long and hard, I don’t see how she can hire
Mr. Strehle” with trustee dollars due to her lack of standing,” Braxton
said of Melissa Edwards.
Updated: A Chicago lawyer who attacked a judge’s
rulings and her opponent’s opening statement in a complaint seeking 27
separate declaratory judgments—including a declaratory judgment that the
issues weren’t frivolous—has been referred to a federal court’s
executive committee for potential discipline.
U.S. District Judge Thomas M. Durkin of the Northern District of Illinois sanctioned lawyer Calvita Frederick in a June 22 decision
that also required her to pay legal costs incurred by her litigation
opponents in responding to the declaratory judgment action.
Among those sued in the declaratory judgment lawsuit was U.S.
District Judge Gary Feinerman of the Northern District of Illinois, who
had previously referred Frederick to the executive committee after declaring
that she had “turned in the poorest performance by an attorney that the
undersigned has seen during his 12-plus years on the bench.”
Feinerman was overseeing a discrimination suit filed by Frederick on
behalf of Michael Outley against the city of Chicago. Frederick filed
the declaratory judgment suit after Feinerman asked her to show cause
why she shouldn’t be sanctioned.
The new suit sought declaratory judgments that Feinerman’s
evidentiary rulings in the Outley case were incorrect, that he wrongly
denied her mistrial motion, and that he wrongly refused to exclude
particular testimony. Individual Chicago defendants were also the
subject of mistrial motions for bringing up the disputed evidence in
opening statements.
Durkin said Frederick’s declaratory judgment suit had no legal basis.
She was aware of this fact or should have been aware of it “upon
minimal legal research,” Durkin said.
“How an attorney, especially one with years of experience litigating
in federal court, would think that the proper way to challenge the
evidentiary rulings of a district court judge is to sue that judge,
rather than filing an appeal, is incomprehensible,” he wrote.
Feinerman had tossed Outley’s suit as a sanction for Frederick’s behavior.
Feinerman said Frederick sought to file 20 evidentiary motions after
the deadline has passed, made “a series of intemperate remarks” during a
pretrial conference, and apparently failed to read a court
order—leading her to wrongly think that all her opponents’ motions in
limine had been granted.
Among the “intemperate” comments was a statement about lawyers getting “ripped a new butthole” when they seek extra time.
Feinerman has since left the bench and joined Latham & Watkins.
After Frederick sued Feinerman and the Chicago defendants, the
Chicago defendants sought sanctions. Frederick responded that “counsel
now understands the way to appeal or to challenge the decision of the
court is via appeal.”
Durkin said “the inescapable conclusion” was that Frederick’s claims were “frivolous at every turn.”
“Most fundamentally,” Durkin wrote, “each request for relief would
have required this court to take an appellate role over the rulings of
another presiding district judge in a pending case. A federal district
judge has no such concurrent authority to review another district
judge’s rulings.”
Durkin also said the declaratory judgment suit was filed in bad
faith, citing Feinerman’s warning that the planned suit was meritless
and an improper use of the declaratory judgment statute. Feinerman also
advised Frederick that if she thought that he made mistakes, “There’s a
well-worn avenue to get an audience to hear those arguments. It’s called
an appeal.”
Yet Frederick proceeded with her new suit.
“Even pro se litigants have been sanctioned for similar conduct,” Durkin said.
Durkin cited another factor supporting a sanction: Frederick “has an
extensive history of similar litigation misconduct, for which she has
been warned and sanctioned ad nause[a]m.”
Frederick told the ABA Journal in a phone message that she has no comment.
Hat tip to Law360, which covered Durkin’s opinion.
MONTPELIER, Vt. (WCAX) - Montpelier police have arrested a man who they say financially exploited a vulnerable adult.
Police say they first received the report in August 2022.
After
a lengthy investigation, police say they found that Daniel Lawson, 58,
of Montpelier, coerced a vulnerable adult into signing power of attorney
documents.
They say Lawson then conducted a series of real estate and banking transactions to benefit himself financially.
Lawson
was cited to appear in court to answer to felony charges of financial
exploitation of a vulnerable adult and false pretenses.
Video obtained by ABC News shows a dramatic rescue after Josh Logue, 18, spotted two people trapped in an overturned car in a sinkhole with his drone while surveying storm damage in the Denver area.
WESTLAND, Mich. (FOX 2) - Some Metro Detroit kids are spending their holiday weekend giving back to some neighbors.
It is a national challenge called the 50 Yard Challenge. It is a program aimed at doing good across the country.
"A 50 Yard Challenge is if you cut 50 lawns for free, for the
elderly, the disabled, single parents, and veterans of help in need,"
said Jordan Corker, 13 years old.
And because they’re a group of four, they did 100 total, they said.
The 50 Yard Challenge was started in Alabama, by a man named Rodney Smith Jr.
"He
started this because he noticed people in his neighborhood who needed
help and he wanted to give back," said Burgundy Wallace, a Westland
mother.
And now kids are giving back across the country and here in Metro Detroit.
"I just wanted to help people," Jordan said.
"So
you can get lawn mower, a weed whacker and a blower," said Stirling
Wallace, 9 years old. "I’m not really doing it for the prizes, I just
want to help people.
"Mowing grass is kind of fun, I like it."
Their levels of experience vary.
"I cut my grass at home every Wednesday, my dad taught me," said Tramal Hughes, 15.
So now the boys are looking for lawns to mow.
"It’s
been a couple days of just getting started, we are just getting started
so we're getting our equipment ready and our schedule," Burgundy said.
"We've posted several places on Facebook so that we can get the word
out.
"The surrounding cities, we don’t want to go too far, Livonia, Canton, Westland, Garden city, Dearborn."
A woman has admitted in
federal court that she used a series of threats and intimidation to bilk
an elderly Orland Park victim out of more than $1.6 million.
Lee
Turner, also known as “Ashley Turner,” 40, of Joliet, pleaded guilty on
May 16 to one count of using a facility of interstate commerce to
promote and carry on unlawful activity, namely theft and intimidation.
The conviction is punishable by a maximum sentence of five years in
federal prison and a fine of up to $250,000. U.S. District Judge Manish
S. Shah set sentencing for Sept. 8.
Turner admitted in a plea
agreement that from 2018 to 2021 she communicated numerous threats and
fraudulent statements to the victim, who was in his 70s and had limited
vision. Turner’s communications threatened to expose the victim’s
purported criminal activity, even though Turner had no knowledge of any
such activity committed by the victim. Turner took on false personas to
convey false statements purportedly from others, including alleged gang
members, individuals involved in organized crime, prosecutors,
journalists, and corrupt law enforcement officers.
In one example
cited in the plea agreement, Turner, using the alias “Big Joe,” sent a
series of messages to the victim, claiming that the victim had to pay
$30,000 to prevent law enforcement from raiding the victim’s residence
and a relative’s residence. On June 13, 2019, the victim paid Turner
$30,000 to avoid the purported raids, the plea agreement states. The
money was one of dozens of similar payments, ranging in value from
$5,000 to $66,000, that the victim made to Turner. In all, Turner
received $1,611,975 from the victim as a result of the scam, the plea
agreement states.
The guilty plea was announced by Orland Park
Police Chief Eric Rossi, Morris Pasqual, Acting United States Attorney
for the Northern District of Illinois, and Robert W. “Wes” Wheeler, Jr.,
Special Agent-in-Charge of the Chicago Office of the FBI.
A Florida woman has left a sizable inheritance for her seven Persian cats to be cared for following her death.
The
adoption requests are pouring in for the six remaining cats, Sherry
Silk, executive director of the Humane Society of Tampa Bay, told Fox
News Digital.
"She did
leave a six-figure estate for their care, which is feeding, grooming,
medical supplies, toys, treats — whatever people want to do," she said.
"We are going to reimburse people up to that."
The total amount for the seven cats is just over US$300,000 (AU$450,000), which is a lot of money."
Nancy Saupa died at the age of 84 in Tampa, Florida, in November.
Her
only son predeceased her, and she will asked for her seven cats –
Midnight, Snowball, Goldfinger, Leo, Squeaky, Cleopatra and Napoleon –
to be cared for in the house.
However,
eight months after her death, a probate judge determined the caretakers
charged with their care could not fulfil their duties, and the Humane
Society was asked to step in.
"They were not cared for like they should have been," Silk said.
"I'm sure Nancy would never, ever have allowed that or wanted that for her cats. So they weren't in the best shape.
"But
they're good now. We have a shelter vet here — they've been on
antibiotics, and they got their baths. They've been groomed. They're in
great shape now."
Question: After the Britney Spears situation shined a
light on the powers that a court appointed conservator has and how easy
it would be to abuse someone by getting a conservatorship, I am lying
awake at night worried sick that if I lose even a little capacity,
someone could get a conservatorship over me and steal all my money and
even control where I live. I have also seen the movie, “I Care a Lot”
where a professional woman took advantage of elderly people by using
conservatorships, stripping their assets and placing them in nursing
homes! What can the average person do to protect themselves against this
happening? Who can I trust?
Answer: The situations you share, the highly
publicized Britney Spears case and that movie which, I am sorry to say,
was based on true events, do present nightmarish situations. I
understand your worry.
Before addressing your concerns, however, it should be noted that
some court conservatorships are often desperately needed and are the
right solution for certain situations. I had the situation where a
client was losing capacity and continued to borrow money from friends
and then demand that I pay them back from her trust funds. The lenders
could have brought suit against her for the funds absent a
conservatorship – which is what we eventually put into place. We of
course paid back the loans and I admonished her friends not to lend her
any more money. The conservatorship protects someone like this against
future lawsuits for her actions.
Conservatorships can be cumbersome, however, and due to the court’s
involvement, are public in nature. They are expensive, restrictive and
invasive. Having a trust, power of attorney for finances and an Advance
Health Care Directive in place can obviate the need for a court
conservatorship. Good estate planning is your first line of defense.
On Jan. 1, California adopted Assembly Bill No. 1663 which makes
reforms to probate and conservatorship law and offer a less-restrictive
alternative by way of “Protective Proceedings.” According to an article
written by Klaus Gottlieb, Esq., published in the Winter 2023 California
Lawyers Association Trust & Estates Quarterly, “California joins an
increasing number of states that have made less-restrictive
alternatives to conservatorship a legislative priority. Supported
Decision Making is one of them. The idea is that adults with a
disability, which could include dementia, retain their autonomy and make
their own decisions, albeit with support.”
Supported Decision Making can be an informal arrangement, such as
your son helping you continue to make sound decisions or can be
memorialized in a written SDM agreement. Like any legal arrangement,
attorneys generally support having such an agreement fully documented.
With an SDM agreement, the signer of the agreement (you in this
case), can continue to act independently. There appear to be some
shortcomings in the legislation which need to be worked out like should
the SDM be compensated; are third parties, such as doctors or banks,
required to accept the decision maker’s decision; and the big one, is
the decision maker held to a fiduciary standard? These legal amendments
are new and educational programs for attorneys, individuals, courts and
the public need to be developed. However, once solidly in place, a
supported decision-making scenario would seemingly provide for a better
alternative than the current court conservatorships.
Liza Horvath has over 30 years of experience in the estate
planning and trust fields and is a licensed professional fiduciary. Liza
currently serves as president of Monterey Trust Management. This is not
intended to be legal or tax advice.
HANCOCK COUNTY — Elder abuse may not be one of the crimes in the
forefront of publicity, but it is a county and nationwide issue
nonetheless, Hancock County Prosecutor Brent Eaton says.
Elder abuse, which includes the neglect of the elderly, is far more
common than many people realize, Eaton noted, and he wants to do
something about it by shedding more light on the topic.
“While about 1 in 10 people ages 60 and older who live in a home experience abuse, many situations go unreported,” Eaton said.
Earlier this month, officials from around the state, nation and world
bought the topic of elder abuse to light during Elder Abuse Awareness
Day in mid-June. However, Eaton noted the abuse of the elderly is
something he thinks about quite often and wants to make sure it is not
happening locally. When it does, he wants offenders held accountable.
In an effort to share more on the issue, Eaton is encouraging
everyone who is associated with an elder person to educate themselves on
what he calls “an important issue” and to report concerns of elder
abuse or neglect to local law enforcement.
“Cases go unreported for many reasons,” Eaton said. “Victims may not
have the physical capability or support they need to ask for help, or
they may not want to accuse a caregiver or family member of harm and get
them in trouble.”
In addition, Eaton noted, investigations for elder abuse cases can be
difficult and take a long time, which can be frustrating for victims
and loved ones.
“Not all behavior which appears to be morally wrong necessarily fits
the very narrow criminal statutes which Indiana has for prosecution on
these issues, but if you suspect you or someone you know may be a
victim, please reach out to local law enforcement so the concerns can be
properly investigated,” Eaton said.
With a proper investigation, Eaton stated, his prosecutors can work
to see what statutes may apply and can also work with other resources to
help victims and hold offenders accountable when possible.
Elder abuse commonly occurs at the hands of a caregiver person the
elder trusts. Types of elder abuse include physical abuse — when an
elder experiences illness, pain, injury, functional impairment, distress
or death as a result of the intentional use of physical force. That
includes acts such as hitting, kicking, pushing, slapping and burning.
There can also be sexual abuse, which involves forced or unwanted
sexual interaction of any kind with an older adult. This may include
unwanted sexual contact or non-contact acts such as sexual harassment.
Emotional or psychological abuse also occurs and refers to verbal or
nonverbal behaviors that inflict anguish, mental pain, fear or distress
on an older adult. Examples include humiliation or disrespect, verbal
and non-verbal threats, harassment and geographic or interpersonal
isolation.
There can also be neglect which is the failure to meet an older
adult’s basic needs. These needs include food, water, shelter, clothing,
hygiene and essential medical care. Plus, financial abuse is the
illegal, unauthorized or improper use of an elder’s money, benefits,
belongings, property or assets for the benefit of someone other than the
older adult.
“Our elderly population are among the most vulnerable,” Eaton said.
“It’s vital that those who interact with an elderly person understand
the signs of abuse and immediately report it.”
In addition to calling local authorities, the Indiana Council Against
Senior Exploitation is a resource that can help. If you or someone you
know is a victim of elder abuse, report it immediately. If there’s an
immediate threat, dial 911. To report incidents of fraud, obtain a case
manager or connect with resources. You can also call the National Elder
Fraud Hotline at 1-833-372-8311.
Sadie, a massive dog who wasn't comfortable around men, was turned away by multiple shelters. Brian Myers gave her a chance. She saved his life. Steve Hartman shares their story in this week's "On the Road."
Source: Rescue dog that nobody wanted saves life of new owner
