The Indiana Court of Appeals (the “Court”) in In re: the Civil Commitment of C.R. upheld the trial court’s Order for Regular Commitment, holding sufficient evidence supported the trial court’s finding that C.R. was dangerous to himself and gravely disabled. In re Commitment of C.R., No. 24A-MH-1485, 2024 WL 5153983 (Ind. Ct. App. Dec. 18, 2024). The decision outlined the importance of suicidal ideation and periods of crisis as evidence.
Background
C.R., diagnosed with schizophrenia, presented with
Continue Reading Indiana Court of Appeals Holds Suicidal Ideation and History of Suicide Attempts Establish Grave Disability
Weekly Hospital Real Estate Briefing: LTAC Expansion Benefits from CON Repeal Nationwide | Billion-Dollar Hospital Projects Announced in CA and PA
1. A recent study found that the repeal of CON legislation leads to significant increases in the number of long-term acute care hospitals (LTACs) and also increases access to specialized medical care, particularly for elderly populations. Entry of LTACs into skilled nursing facility markets was associated with reduced hospitalization rates, contrary to prior studies.
2. A bill in Washington, D.C. will soon be up for a vote that would eliminate the District’s CON requirement for telemedicine and virtual care
Continue Reading Weekly Hospital Real Estate Briefing: LTAC Expansion Benefits from CON Repeal Nationwide | Billion-Dollar Hospital Projects Announced in CA and PA
Lawyering in a Time of Lawlessness (And Also Probably Cholera)
I write a snark blog. Snark blogs are better suited to schadenfreude-type grimness and not existential grimness. Things have taken an existentially grim turn, folks. But here we are. It’s a multi-alarm fire this time.Since I last wrote about this subject, my nerd association put out a statement condemning the current administration’s attack on lawyers., in response to executive orders purporting to revoke security clearances and restrict lawyers’ ability to practice, against Covington & Burling, but Perkins Coie
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The 365-day Secure Detention Programs for Youth are Poorly Regulated
Wis. Stat. section 938.34(3)(f) allows for children to be placed in a juvenile detention facility as a dispositional placement for up to 365 days. However, the regulations for holding kids in juvenile detention facilities for up to 365 days are woefully inadequate. History The guidelines under which juvenile detention centers operate were last reviewed and modified in 2010. They were designed to address safety and basic programming standards for the traditional short-term placements for which juvenile detention facilities and
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SCOW clarifies that read-in offenses cannot be used to independently establish ethical violations in attorney discipline case
OLR v. Osman A. Mirza, 2023AP2369-D, February 27, 2025, (per curiam attorney discipline case) In a disciplinary case adjacent to criminal defense practice, SCOW clarifies the impact of having charges “read-in” for purposes of an OLR proceeding. As noted previously, this blog does not usually cover disciplinary cases. However, this case contains a helpful summary […]
Continue Reading SCOW clarifies that read-in offenses cannot be used to independently establish ethical violations in attorney discipline case
COA holds that traffic stop did not require Miranda warnings and affirms
State v. Jeremy A. Sobotik, 2024AP1976-CR, 3/19/25, District II (1-judge decision, ineligible for publication); case activity In an appeal seeking to test the boundary between permissible traffic stop inquiries and interrogation requiring Miranda warnings, COA holds that the officer in question did not cross the constitutionally-imposed line and affirms. Officer Matthew Bublitz made contact with Sobotik […]
Continue Reading COA holds that traffic stop did not require Miranda warnings and affirms
COA finds evidence sufficient for medication order in Ch. 51; once again highlights inconsistent case law
Winnebago County v. D.P., 2024AP2391-FT, 3/19/25, District II (1-judge decision, ineligible for publication); case activity In appeal eerily similar to a SCOW case that was dismissed as improvidently granted, COA affirms and holds that the conclusory testimony supporting involuntary medication and recommitment was legally sufficient. “Daniel” appeals orders for recommitment under the Fifth Standard and […]
Continue Reading COA finds evidence sufficient for medication order in Ch. 51; once again highlights inconsistent case law
Revisiting Disclosure Requirements for Skilled Nursing Facilities as Deadline Approaches
In December 2024, the Centers for Medicare & Medicaid Services (“CMS”) made many revisions to its “Guidance for SNF Attachment on Form CMS-855A” (“Guidance”). The Guidance is CMS’s subregulatory advice and FAQs to skilled nursing facilities (“SNFs”) on the completion and submission of the new Form CMS-855A SNF Disclosures Attachment (“SNF Attachment”) for every SNF. The Guidance continues to confirm the due date for all SNFs to submit the off-cycle revalidation information is May 1, 2025, unless an
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Can You Get Lifelong Medical Care in a Personal Injury Claim?
Can You Get Lifelong Medical Care in a Personal Injury Claim?
Posted on March 20, 2025 in Personal InjuryWhen a serious injury results in lifelong medical needs, accident victims often worry about how they will afford ongoing care. Medical bills can pile up quickly, and long-term treatment can place a financial strain on both the injured person and their family. If someone else was responsible for your injuries, you may be able to recover compensation to cover
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COA: Police have reasonable suspicion to stop a vehicle if an officer knows owner of vehicle was not issued Wisconsin driver’s license unless officer has information suggesting owner is not driving.
State v. Tobin J. Jagla, 2023AP2311-CR, 3/18/25, District II (not recommended for publication); case activity COA affirms circuit court’s order denying Tobin Jagla’s motion to suppress where police stopped the vehicle he was driving after an officer determined the registered owner of the vehicle did not have a Wisconsin driver’s license. Although officer learned during […]
Continue Reading COA: Police have reasonable suspicion to stop a vehicle if an officer knows owner of vehicle was not issued Wisconsin driver’s license unless officer has information suggesting owner is not driving.
Legislation Introduced to Support New and Rural Banks by Easing Regulatory Requirements
ArticleAmundsen Davis Banking & Finance AlertMarch 19, 2025On January 16, 2025, Representative Andy Barr (R-KY) introduced a bill aimed at increasing the formation of new banks by easing regulatory requirements, particularly for de novo and rural financial institutions. The legislation seeks to address the declining number of new bank charters in recent years by phasing in capital standards and allowing greater flexibility in business plans for both depository institutions and bank holding companies.
One of the greatest barriers to
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Requirements
Refusing to Quit: Class Actions on Tobacco Surcharges in Health Plans Continue
Over the past year, numerous class actions have been filed against large employers claiming their health plan surcharge for tobacco use is not in compliance with HIPAA nondiscrimination rules. With yet another lawsuit filed on March 3, 2025 against LHC Group (a large home health care company), these cases show no signs of slowing down.Several recognizable employers have faced similar class actions, including 7-Eleven, Inc. Walmart Inc., Target Corp., PepsiCo Inc., Tractor Supply Co., Whole Foods Market Inc., and
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Continue
Ownership Changes & Change of Control: Report to TTB Within 30 Days
If you’ve followed me on LinkedIn, you’ve probably seen me mention this before—but it’s worth repeating. Ownership changes can trigger serious reporting obligations with the Alcohol and Tobacco Tax and Trade Bureau (TTB), and missing a deadline here can cause real headaches.
What Should Be Done
For anyone listed on your federal permit—typically individuals with signature authority or at least a 10% ownership stake—any change to that person’s status should be reported to TTB within 30 days. This
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Navigating Flow-Down Clauses in Federal Projects
Federal projects can be complicated – prime contractors must deal with often exacting government performance standards and obscure federal legal requirements. Subcontracting on a federal project adds an increased level of complexity, as the subcontractor must not only meet the prime’s contractual requirements but also comply with many of these same federal clauses, which are duplicated or “flowed down” from the prime contract to the subcontract.
Samuel W. Jack, George Washington University 2008, is of counsel with
Dempsey
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COA affirms juvenile’s placement at Copper Lake School, rejecting argument that placement was improper until State builds facilities contemplated when Lincoln Hills was closed.
State v. A.A.A., 2024AP2001, 3/12/25, District II (ineligible for publication); case activity COA affirmed the circuit court’s dispositional order placing juvenile in the Serious Juvenile Offender program at Copper Lake School, a Type I juvenile correctional facility for girls. The Court rejected juvenile’s claim that such a placement was not permissible until the State builds […]
Continue Reading COA affirms juvenile’s placement at Copper Lake School, rejecting argument that placement was improper until State builds facilities contemplated when Lincoln Hills was closed.
Seventh Circuit cases for February
February brought a handful of cases potentially relevant to our practice: United States of America v. Kendrick A. Frazier and Kenwyn Frazier, No. 23-2641 & 23-2642: In this appeal, the Court confronts an interesting Sixth Amendment claim, as both brothers wanted to be represented by the same attorney. The district court disallowed the joint representation based […]
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