The stage is set for a Supreme Court battle over the whether there is even a scintilla (i.e., a tiny trace) of evidence in an employment-related estoppel claims against the City of Columbia. In Bishop v. City of Columbia, 738 S.E.2d 255 (Ct. App. 2013), retirees allege they relied on promises of free post-employment health insurance made by their employer, the City of Columbia. The trial court granted summary judgment. The Court of Appeals reversed. The city has petitioned the South Carolina high court to review the case. Read the rest of this entry »
Nobody I know prefers a lawsuit over prevention of harm; of course, sometimes we have little control and cannot prevent all the threats to our safety and health. Having a family member in a nursing home may be one of those times when we have little control. However, we are not helpless and can do some things to improve the chances of getting better care. You no doubt have heard the now cliche “trust but verify.” When it comes to nursing home care I think we are better of not trusting and still verifying.
There are good people who work in nursing homes, but too many times corporate decisions provide these employees with inadequate resources to provide the care needed all the time. So, we must be proactive. How exactly? Do you recognize the warning signs of abuse and neglect? What else? Ask questions. More questions. Inform yourself. This short video contains a couple other of ideas on confronting your doubts about the care your loved one is receiving.
If you have questions about this topic or any other related to the law of nursing home abuse and neglect, contact me at firstname.lastname@example.org.
FOR IMMEDIATE RELEASE
GREENVILLE, S.C. – Greenville Business Magazine has recognized Andy Arnold as one of the area’s Legal Elite in the practice of Labor and Employment Law.
In its first-ever survey, the magazine sent emails to 850 Greenville-area lawyers and asked them who, in their opinions, were the best lawyers in 20 practice areas. Respondents could nominate lawyers in their firms, but for each in-firm lawyer there had to be an out-of-firm lawyer nominated, although not necessarily in the same practice area.
A total of 95 lawyers were identified by their partners and peers as the Legal Elite of the Greenville area.
Greenville Business Magazine will honor the Legal Elite with a reception Aug. 16 at High Cotton.
I was admitted to the practice of law in South Carolina on November 18, 1992. Just as watching my children age so rapidly before my eyes amazes me, the realization that I have practiced law for almost 20 years is hard to believe. When I first opened my own practice in 1994 I dreaded being asked how long I had practiced law; who in their right mind would hire someone only two years out of law school to handle an important case? Fortunately, the answer was enough for my practice to survive and eventually thrive. Read the rest of this entry »
So, you show up to admit your mother or father to a nursing home. You are nervous, sad and stretched thin. The nice people in admissions tell you not to worry. They provide you with much information about the facility and give you an admissions agreement to sign. You are given several other documents to sign: ”Sign here. Okay, sign here. And here.” Just routine documents. What choice did you have if you wanted your loved one in the nursing home close to home? I bet you just signed an arbitration agreement. What’s that? This video provides an introduction.
The South Carolina Bar kicked off its “Proud to be a South Carolina Lawyer” campaign. I was one of 13 featured.
Here is a link to my July 10, 2011 article in the Greenville News: Due Process Should Run Its Course in Boeing Case. Not sure link will work without subscription, so here is my basic point:
If Boeing did violate the law, the law should provide a remedy. The remedy being sought by the General Counsel for the NLRB is to return the 1,000 jobs to Washington state. If the charge is proven true, South Carolina would be subsidizing illegal behavior by allowing Boeing to remain.
Is there some middle ground that provides a remedy for the wrong while minimizing the impact on innocent third-parties (such as the workers in North Charleston)? These are questions that should be answered after the due process of law has run its course.
I will soon file a lawsuit for a client who had both hips replaced with metal-on-metal hips manufactured by Zimmer. Since the hip replacements, my client’s pain has been debilitating. She has since incurred over $170,000 in medical expenses for the two surgeries to remove the two Zimmer hips and have them replaced with more conventional hip replacements. Of course, she has lost wages from time away from work.
Apparently, up to 500,000 patients have had hip replacement with all-metal hips. (There are also similar problems with the DePuy all-metal hips.) The New York Times just ran an article (6/26/11) in its Sunday Business section entitled In Medicine, New Isn’t Always Improved. The article is informative as to how a relatively untested health care product became accepted in the medical community and then caused lots of harm to patients. The article surmises that “that lawsuits against it and other makers of all-metal hips may emerge as the largest product liability cases of this decade.”
April showers bring May flowers…and orders from the South Carolina Supreme Court regarding mortgage foreclosures. For those facing foreclosure or with such a fate looming, there may be good news in this recent order. First, it may help folks to stay in their home longer while foreclosure is pending. However, better yet, the process required in the new order may allow individuals to negotiate a loan modification that allows them to keep their homes while having a more affordable monthly payment. Read the rest of this entry »