By Aimee Picchi
Finding a long-term care facility can be a stressful process. Among the issues to consider are not only the cost and quality of care, but what recourse you have if something goes wrong.
Until now, some long-term care facilities have included arbitration clauses in the contracts that residents and their families are required to sign when admitted. If a conflict arose, even regarding severe neglect, abuse or death, nursing-home residents or their loved ones were blocked from taking the facility to court.
But as of November 28, consumers will have that right. That’s when a new rule from the U.S. Department of Health and Human Services will bar pre-dispute arbitration clauses in nursing-home contracts.
It’s a decision that George Slover, senior policy counsel at Consumers Union, the policy and mobilization arm of Consumer Reports, calls “a tremendous advance in helping ensure effective protections for nursing home residents.”
Families and seniors don’t always think about the kind of recourse they might have if harm comes their way. They are often already at a stressful moment in their lives when they’re looking for a long-term facility, says Bruce Katzen, an attorney with the law firm Kluger, Kaplan, Silverman, Katzen & Levine who represents seniors in financial abuse cases. Some seniors move into nursing homes after an injury or illness, when scrutinizing a contract isn’t necessarily practical.
Click here to read full article
By Linda Chiem
Law360, New York (September 9, 2016, 6:02 PM ET) — The Ninth Circuit’s ruling that ex-Uber drivers suing the company over background checks must fight it out in individual arbitration, not the courts, deals a body blow to a host of high-profile wage-and-hour class actions where drivers are accusing the ride-hailing giant of misclassifying them as independent contractors, experts say.
The three-judge panel’s much-anticipated Sept. 7 decision largely affirming the validity of Uber Technologies Inc.’s arbitration provisions applies to just two proposed class actions from ex-drivers who claimed that Uber performed background checks without their authorization…. “Uber not having to deal with these cases on a class basis is beneficial to them, but it’s likely to potentially dissuade some of these plaintiffs from moving forward and certain attorneys from taking these cases,” said Michael Landen, a partner at Kluger Kaplan Silverman Katzen & Levine PL who specializes in labor and employment litigation. “Uber is this giant and now you have lawyers that will have to decide if they want to dip their toe in the water when there’s not nearly as much upside.”
Click here for full article.
Founding member of Kluger Kaplan Silverman Katzen & Levine PL, Alan J. Kluger is a Miami-based powerhouse trial attorney who advocates for his clients at all stages of the litigation process. Kluger is a veteran courtroom lawyer who represents some of the nation’s largest businesses and most prominent individuals in their most challenging and complex cases.
Many of his clients come to him after first facing him as an adversary and determining that Kluger’s tough, no-nonsense litigation tactics and creative, out-of-the-box thinking is what they need for their own disputes. His practice is guided by three key principles: thorough preparation, thoughtful strategy and mastery of the facts and the law. These are the reasons he consistently earns top rankings by peer-reviewed publications such as The Best Lawyers in America, Chambers USA and Florida Super Lawyers.
As devoted as he is to his clients, Kluger is equally passionate about his community. He and his wife, retired Judge Amy Dean, created a private charitable foundation, the Dean-Kluger Charitable Foundation, which supports various local and national charitable organizations.
Q: What skill was most important for you in becoming a rainmaker?
A: The key in becoming a rainmaker is to be able to “catch,” rather than “pitch.” That means understanding a client and asking them thoughtful questions that show you care about them and their business. So often when I meet someone, either at an event or through mutual friends, we spend so much time talking about them before they even know what it is that I do. But that is what puts me in the best position to understand the issues that they face and give the trusted advice that they need.
Click here to read the full article.
U.S. District Judge Edward M. Chen’s refusal to preliminarily sign off on the $100 million deal — $84 million of which was a lock for drivers while the rest was contingent on the ride-hailing giant launching…