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Nursing Home Civil Penalty, Plus Criminal and Property Matters

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By FindLaw Staff on May 06, 2010 4:22 PM

In US v. England, No. 09-2500, the Seventh Circuit faced a challenge to the district court's imposition of a 210-month sentence, in defendant's third appeal of his sentence from his conviction for being a felon in possession of a firearm and obstruction crimes.  However, the sentence is reasonable and, although there was confusion in the second hearing about the district court's reliance on a finding that defendant would have attempted murder had he not been incarcerated, the district court cleared up that issue at the third sentencing hearing by explicitly stating that it was not relying on that finding. 

Am. Land Holdings of Indiana, LLC v. Jobe, concerned an action seeking a declaration that plaintiff has the right to strip mine coal on defendants' land, and specific performance of an option to purchase the land, claiming that a 1903 deed entitles it to do so.  However, district court's judgment in favor of defendants is affirmed as a conclusion that the deed is ambiguous and the infeasibility of strip mining at the time it was granted allows the ambiguity to resolved in favor of the surface owner is consistent with case law.  Furthermore, plaintiff's claim for specific performance of the option to purchase the defendants' land violates the rule against perpetuities.     

FAL-Meridian, Inc. v. US Dep't of Health & Human Serv., No.09-3485, concerned a nursing home's petition to set aside a final decision by the Department of Health and Human Services, that imposed a civil penalty of $7,100 for having violated a regulation under the Medicare and Medicaid provisions of the Social Security Act.  The nursing home was also facing a tort suit for wrongful death for the same event.  In denying the petition, the court held that the nursing home failed to tender evidence that would show that it had done everything possible to minimize the risk of an accident to the deceased resident. 

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