Texas

Texas: San Antonio Lawyer Sanctioned for Fraudulent Conduct Involving Elderly Millionaire

July 8, 2019 // 0 Comments

“The sanctions order is designed and intended to silence the only people asking for a second medical opinion,” said San Antonio solo practitioner Philip Ross. By Angela Morris | May 30, 2019 at 06:43 PM A San Antonio attorney will appeal a $227,000 sanction in which a probate judge found the lawyer and his clients “participated in a fraud upon this court” by lying and filing groundless pleadings in bad faith during a guardianship proceeding involving an elderly, incapacitated [- more...]

Texas: Health & Human Services Commission sued in federal court for constitutional violations in guardianship

July 8, 2019 // 0 Comments

NEW BRAUNFELS – The Texas Health and Human Services Commission was sued in Western District federal court on July 5 for allegedly violating the freedom of speech and right of association of a 75-year-old New Braunfels woman who is a Ward of the state. A guardianship was imposed upon Shelley Thomson on May 23 after she fell ill with potassium deficiency and visited a hospital emergency room, according to a press release. HHSC is currently Thomson’s guardian. “HHSC has a duty to provide [- more...]

Texas: Federal judge sends suit against probate judge and guardian to state court

April 10, 2019 // 0 Comments

HOUSTON – U.S. District Judge Lee H. Rosenthal remanded plaintiff Sherry Johnston’s breach of fiduciary duty claim against court appointed guardian David Dexel to the 253rd Judicial District of Liberty County, all while letting Harris County Probate Judge Christine Butts off the hook. “Unlike the claim against Judge Butts, the claim against Dexel raises unsettled issues of Texas law,” wrote Judge Rosenthal on Mar. 14 in a 40-page ruling from the bench of the U.S. District Court [- more...]

Texas: 5th circuit appeal for injunctive relief follows allegations of ADA violations by Texas courts

June 12, 2018 // 0 Comments

From the SE Texas Record By David Yates | Jun 11, 2018 SAN ANTONIO – The Manhattan resident who sued her San Antonio-based mother Mauricette Fairley for fraudulently and unconstitutionally guardianizing her blind military veteran father James Fairley has filed a notice of voluntary dismissal without Prejudice with the federal Western District Court of Texas. The pleading was filed last week and states that plaintiff Juliette Fairley’s “voluntary dismissal against Defendant Mauricette [- more...]

Texas: Houston federal judge allows state judge to be sued in guardianship negligence case

May 16, 2018 // 0 Comments

By David Yates | May 16, 2018, 1:34pm HOUSTON – Southern District Chief Justice Lee H. Rosenthal recently issued a landmark ruling allowing a wrongful death lawsuit against a Houston probate judge to proceed in an adult guardianship claim. Sherry Johnston sued Harris County Probate Judge Christine Butts in 2016, alleging that her elderly mother Willie Jo Mills suffered broken bones and a rapid, preventable decline, which contributed to malnutrition and death when Mills was a ward of the [- more...]

Federal suit follows Texas Judicial Council Admission of non-compliance by guardians of senior citizens

April 25, 2018 // 0 Comments

 SAN ANTONIO – A Manhattan woman who worked as an actress in an NBC TV pilot directed by Spike Lee and a Macy’s commercial last year has filed a breach of fiduciary duty lawsuit against her San Antonio-based mother over the alleged abuse of and isolation from her legally blind father who is a 22 year veteran of the U.S. Air Force and currently guardianized under a Bexar County court order. According to the lawsuit, filed by plaintiff Juliette Fairley in the Western District federal [- more...]

Texas Judicial Council admits widespread (43%) non-compliance by guardians

April 23, 2018 // 0 Comments

AUSTIN – The Texas Judicial Council recently announced to the House of Representatives last week in Washington, D.C. that 43 percent of adult guardianship cases in the state of Texas are out of compliance with reporting requirements. Adult guardianship cases include the elderly and people with disabilities who have become “wards” of the state. Their assets make up some $4 to $5 billion that pass through county probate courts in Texas, according to TJC data. There are not only breaches [- more...]

Texas: New study says rights of Texans being violated, SC allowing guardianship system to violate ADA

April 10, 2018 // 0 Comments

AUSTIN – A new study by the Spectrum Institute has determined that the Supreme Court of Texas is allowing the adult guardianship system throughout the to operate in violation of the mandates of the ADA and Section 504. In response, the Spectrum Institute filed a class action complaint with the Supreme Court of Texas on April 9, 2018. “Our complaint calls the attention of the judiciary to documented deficiencies in the guardianship system — deficiencies that place respondents at [- more...]

Texas: Attorney’s fees denied to attorney Don Ford who hired himself as estate administrator

January 16, 2018 // 0 Comments

The following article appeared in Texas Fiduciary Litigator publication and their website. It has since been removed from the website. Court Affirms Order Denying an Administrator’s Attorney’s Fees By David Fowler Johnson on June 28, 2016 In In re Estate of Williams, attorney Don Ford was appointed an administrator of an estate and hired himself as an attorney for the estate. No. 05-15-00392-CV, 2016 Tex. App. LEXIS 5990 (Tex. App.-Dallas .June 6, 2016, no pet. history). Later, the [- more...]

National: Elder Home Facilities Gone Bankrupt in 2017

September 8, 2017 // 0 Comments

by Juliette Fairley Louisiana Antigua Investments LLC is seeking to escape up to $10 million in liabilities, of which $1,017,195.96 is owed to Cottonport Bank and $250,000.00 to the IRS. Filed in the Western District of Louisiana, the chapter 11 petition was signed by Member and Manager Thomas E Cupples II, who was named in a 2015 lawsuit for allegedly violating the Fair Labor Standards Act. Other bankruptcy petitions signed and filed by Mr. Cupples on August 22 include Quality Home Health, [- more...]
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