April 2009

Nursing home employees could be sued – despite contract

The family of a patient who died in a nursing home could sue the nurses who took care of her – even though the patient’s contract with the home said that the home couldn’t be sued and any complaints had to go to arbitration instead. The family claimed that three nurses ignored warning signs of the patient’s heart problem, and she died as a result. The contract said that the family couldn’t sue the home. However,

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Why a recession is a good time for estate planning

All of us are affected by the economic recession, but you should know that certain estate planning techniques become much more valuable when asset prices plunge – so this is a good time to take advantage of them. Some of the best estate planning strategies involve giving a partial interest in your assets to your heirs now, while retaining effective control over the assets. The idea is to get these partial interests out of your estate

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Binding mediation: a new alternative to going to court

“Binding mediation” – a hybrid of mediation and arbitration – is catching on as an alternative to a full-blown court trial. In arbitration, a private arbitrator acts as a judge and issues a binding decision. In mediation, a mediator or “go-between” tries to resolve the dispute by working with both sides, but can’t force an outcome. Binding mediation is a combination of the two: A mediator brings the parties together and tries to negotiate a compromise,

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Here’s a second chance if you elected early Social Security benefits

Did you elect to take Social Security benefits before your full retirement age? If you did and are now looking for extra income, there may be an answer. Once you reach full retirement age, you can pay back the money you have received and reapply for full retirement benefits. Although you can collect Social Security benefits between age 62 and your full retirement age, if you do, your benefits will be lower. For example, if you

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New law makes it easier to sue for wage discrimination

A new federal law signed by President Obama will make it easier to sue an employer for wage discrimination. The Lilly Ledbetter Fair Pay Act is named after Lilly Ledbetter, who worked as a plant manager for Goodyear Tire but realized only after some years had passed that she was getting paid less than her male counterparts. When she sued for wage discrimination, the U.S. Supreme Court threw the case out, saying she had filed it

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Many die each year from hospital and nursing home infections

A large Boston jury verdict in the case of a woman who died from an infection while undergoing cancer treatment illustrates a growing trend across the country toward lawsuits against health-care providers for causing (or not preventing) such infections. Nationally, more than 2 million people each year develop serious infections while they’re in the hospital being treated for something else. And about 90,000 of them die as a result. In addition, another 1.4 million people each

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Limo company sued for dropping off drunk passenger

A limousine company can be sued where it dropped off a drunk passenger at his car and the passenger then drove drunk and killed someone. The limo had been hired by six men attending a bachelor party. It picked them up at a Boston sports bar, drove them to a Rhode Island club, and then returned them to the sports bar. Sadly, one of the men drove off and had an accident. He killed an off-duty

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Child support guidelines change in Massachusetts

The Massachusetts child support guidelines have been thoroughly revised for 2009. That means that anyone who gets divorced in 2009 or after will have the amount of their child support payments calculated under new rules. If you have a child support order from a divorce that occurred before 2009, your payments won’t change. And you can’t go to court and get a new order just because there are new guidelines. However, if you have a significant

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Real estate slump may help with estate planning

Real estate prices are in a slump in most places, but this can be good news if you want to transfer real estate assets to your children as a means of estate planning. Often, a good way to reduce estate taxes is to give your heirs an interest in your assets now, while retaining control of the assets. That way, you get the interests out of your estate at today’s values, rather than later when they

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Average rents for offices and apartments decline

The average rent for a residential apartment fell in the fourth quarter of 2008. Although the average decline was small – only 0.4 percent – the drop was significant because this was the first time rents have fallen overall since 2003. The average vacancy rate was 6.6 percent, up from 5.7 percent a year earlier, according to research firm Reis Inc. The average office rent fell 1.2 percent in the fourth quarter. This marks the end

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