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News Roundup
Weekly Briefs: SCOTUS to hear case on nursing home suits; Trump’s business to pay $750K to settle suit
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SCOTUS agrees to hear 3 new cases
The U.S. Supreme Court on Monday agreed to hear cases on overtime pay, nursing home lawsuits and erased bankruptcy debt. The cases are:
• Health and Hospital Corp of Marion County, Indiana v. Talevski. At issue is whether state-run nursing homes can be sued by private citizens for violations of the Federal Nursing Home Reform Act. The law, enacted under the spending clause, sets minimum standards of care for nursing homes that receive Medicaid and Medicare funds. The plaintiff is Ivanka Talevski, whose husband was a patient of Valparaiso Care and Rehabilitation. She sued under 42 U.S. Code § 1983. (Reuters, Bloomberg Law, SCOTUSblog here and here, the cert petition, SCOTUSblog case page)
• Helix Energy Solutions Group v. Hewitt. At issue is whether an oil rig manager who earned more than $200,000 per year is entitled to overtime pay. The case turns on an interpretation of the Fair Labor Standards Act, which exempts highly paid executives from overtime requirements if they perform executive duties, earn at least $100,000 a year and receive at least $455 a week on a salaried basis. The manager argued he was not a salaried employee because he was paid at a daily rate. (Reuters, SCOTUSblog here and here, the cert petition, the SCOTUSblog case page)
• Bartenwerfer v. Buckley. California resident Kate Bartenwerfer argues she should be able to discharge a debt in bankruptcy that was based on her husband’s alleged fraud in selling a home they purchased for a flip. Bartenwerfer said she didn’t know her husband had failed to disclose problems with the home, which he had renovated. The homebuyer says Bartenwerfer can’t erase the judgment he obtained because fraudulent behavior can’t be discharged in bankruptcy. (Bloomberg Law, Reuters, SCOTUSblog here and here, the cert petition, the SCOTUSblog case page)
Trump business, inaugural committee to pay $750K to settle suit
Washington, D.C., Attorney General Karl Racine has obtained a $750,000 settlement with the Trump Organization and former President Donald Trump’s inaugural committee. Racine had claimed the inaugural committee overpaid for event space at the Trump International Hotel in the capital. The business and committee settled without admitting any wrongdoing. (Reuters, the Washington Post)
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