Business Law

John Jarman stayed three months at an HCR ManorCare skilled nursing facility while recovering from hip surgery. About two years later, Jarman sued HCR, alleging violations of the “Patients Bill of Rights” (Health & Saf. Code, § 1430, subd. (b) (section 1430(b)), elder abuse, neglect, and negligence. Read more

The following regulatory information may be of interest to attorneys practicing insurance law. Read more

The Court of Appeals of Nevada recently issued a detailed opinion, drawing on nationwide authority, interpreting section 9-609 of the Uniform Commercial Code, which authorizes a secured creditor to enter private property to recover possession of collateral so long as the repossession proceeds “without breach of the peace” (a term not defined in the UCC). The case is Droge v. AAAA Two Star Towing, 2020 WL3415636 (June 18, 2020). Read more

The following published decisions may be of interest to attorneys practicing insurance law. Read more

The Business Law Section is pleased to announce that Paul (“Chip”) L. Lion III will receive the Business Law Section’s 2020 Lifetime Achievement Award. This prestigious award is annually presented to a California lawyer “who over an extended period has made significant contributions to the Section or business law generally, or both, in the State of California and who has achieved high status in the legal community.” Read more

Elizabeth Holley became a patient at the Silverado Senior Living facility when she was 77 years old and suffering from dementia and other medical problems. Diane and James Holley became Elizabeth’s temporary conservators. Read more

The Department of Health Services (DHS) administers California’s Medi-Cal program and reimburses Medi-Cal hospital service providers for allowable costs. The Center for Medicare and Medicaid Services issues the Medicare Provider Reimbursement Manual, which governs what payments are owed. Read more

In In re Shek, 947 F.3d 770 (11th Cir. 2020), issued January 23, 2020, the U.S. Court of Appeals for the Eleventh Circuit ruled that a late-filed tax return qualified as a return under 11 U.S.C. § 523(a)(1). Where all the other requirements for discharge were satisfied as stated in Section 523(a)(1), the tax debt could be discharged. This ruling disagreed with holdings by three other Courts of Appeal. Those courts held that a return which is filed late does not fall within the definition of “return” added to Section 523 by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”). Read more

Courtesy of CEB, we are bringing you selected legal developments in areas of California business law that are covered by CEB’s publications. This month’s feature is from the July 2020 update to Internet Law and Practice in California. References are to the book’s section numbers. The most significant legal developments since the last update include developments in such important topic areas as copyright, patent, domain names and trademark, independent contractor classification, social media, privacy, Internet advertising, and litigation issues. Read more

The Partnerships and LLCs Committee (PLLC) is a group of new and experienced attorneys who focus on recent developments and current issues in general and limited partnerships, limited liability companies, and limited liability partnerships. Read more