When a CCRC is forced into bankruptcy, any deposit a resident may have made could be lost. Some states don't have specific CCRC regulations, and those that do tend to focus more on the community's financial condition and less on consumer protection. [7], In 2017, Erickson invested $47.5 million to expand its original Charlestown campus. The Erickson communities appealed in part for their relative affordability -- entrance fees range from $110,000 to $580,000, depending on apartment size, plus monthly fees of $1,550 to $2,600. ECF No. Your email address will not be published. Redwood Capital Investments of Hanover, Md., purchased most of Erickson's assets for $365 million. 2002) (quotation marks omitted). This usually happens when the plaintiffs attorneys do not represent them. The Trustee also contends that the Court has diversity jurisdiction. developer and operator, Erickson Retirement Communities, now known as Erickson Living, filed for bankruptcy protection in 2009. Radi, 434 F. App'x at 178. 33 at 17; 154-7 at 1. BBB Business Profiles are subject to change at any time. Erickson Group, LLC ("EG") was a holding company. 1-800-669-6820 (TTY)
But Devonshire in recent months was hit with a $158 million foreclosure suit. 163 at 3. Consumers should also be advised in considering your loved one's potential placement in this community, be aware of how children (minors working in dinning) are treated, and seniors may possibly face the same treatment. In that same listing, Erickson Senior Living ranked in the top five of independent living providers. 5500 West 123Rd Street, Overland Park, KS 66209. 26. Shortly after making her report, Erickson Living terminated the director and her subordinate employee as part of a purported company restructuring. D. Del. ECF No. Ms. Marie Dyer, Director of Human Resources. Although "Congress intended to grant comprehensive jurisdiction to the bankruptcy courts so that they might deal efficiently and expeditiously with all matters connected with the bankruptcy estate," bankruptcy courts' "related to" jurisdiction is not "limitless." at 836. The Fourth Circuit has adopted the Third Circuit's tests to determine when a claim is "related to" a bankruptcy proceeding under 1334(b), as announced in Pacor, Inc. v. Higgins, 743 F.2d 984 (3d Cir. Well guide you through the process. ECF Nos. Could your RMDs be affected? III. LEXIS 53468, at *14-*16. Id. This contract potentially requires residents to shoulder higher fees as their care needs increase. [T]he wording [of the Plan infers] that collection of the proceeds is contemplated by the plan . Your brochure includesfinancial details, activities, and more! The affidavit need not establish the admissibility of that undiscovered evidence. E.D. (AP Photo/Evan Vucci) (Evan Vucci) ERC was a privately-owned entity that developed and managed retirement communities. The Note was signed on May 4, 2005, and the first payment was due May 4, 2006, ECF No. ECF No. Dan Lain (the "Trustee"), the appointed trustee of the Liquidating Creditor Trust of Erickson Retirement Communities, LLC (the "Liquidating Trust"), sued Paul L. Erickson and Cynthia A. Plungis (the "GST Trustees"), as trustees of the 2002 Nancy A. Erickson GST Trust and the 2002 John C. Erickson GST Trust (the "GST Trusts"), and others for breach of contract and other claims. In Resorts, a post-confirmation case, a litigation trust formed to prosecute some of the debtor's pre-petition claims brought a malpractice suit against an accounting firm that had performed services for the trust. International Association of Better Business Bureaus. All Rights Reserved. The search for the ideal retirement community is only getting tougher as CCRCs offer a growing array of complex contract types and struggle with financial challenges. . The 2023 Wisconsin Spring Election is scheduled to be held in the U.S. state of Wisconsin on April 4, 2023. Some of those who died are related to the lawsuits. After PRS removed seven of the nine Rogue Valley board members, that legal challenge fizzled. The EECO says the actions violate the Americans with Disabilities Act that prohibits employers from retaliating against workers for opposing discrimination on the job. By prepaying for long-term care, residents are limiting their risks if care costs skyrocket.While these contracts are still common, many CCRCs also offer other options. ECF Nos. Our senior living community in Overland Park, KS, is designed for the retirement lifestyle you deserve. Id. Id. See ECF Nos. (emphasis in original). McAfee opened his show on Monday by revealing that he had been "officially" served" over the weekend, notifying him he is part of Favre's wide-ranging suit that also includes a Mississippi government official . With so many incredible amenities, it's like you're living in a resort. See ECF Nos. Id. 709, 722-24 (Bankr. It alleges the company was losing money since 2003, but Erickson and the board members continued to rack up the debt until the company was forced to file for bankruptcy. Free from worry and full of possibility. See ECF No. John Erickson was the President of EG and had a controlling interest. When it comes to these special jurisdictions, litigants must seek an attorney who is either licensed to practice law in the jurisdiction or is otherwise properly qualified to handle such a case. --------. Works, 519 F. App'x at 182 (internal quotations omitted); accord Harrods, 302 F.3d at 245 n. 18 (citing with approval sources applying the rule liberally). 154-1 at 6 n.14. The Trustee's motion for summary judgment will be denied without prejudice. 1-800-669-6820 (TTY)
American City Business Journals Shine National Light on Erickson Senior Livings $4B Growth Plan, Erickson Senior Living Welcomes Taneika Herman as Director of Diversity, Inclusion, and Belonging, Erickson Senior Living Names Nicole Walker as Senior Vice President of Human Resources and Chief Diversity Officer. Although the Trustee asserts that further delay in the litigation will cause substantial prejudice to the Liquidating Trust's beneficiaries and the Trustee, because the litigation has been pending for a long time at great expense, awarding summary judgment on a promissory note allegedly worth over $95 million without giving the GST Trusts an adequate opportunity to oppose the motion will cause even greater prejudice to the GST Trusts. June 30, 2008) for the proposition that "hope that settlement negotiations would be successful" does not support "good cause" for giving additional time for discovery under Rule 56(d). ECF No. Dec. 6, 2013). 2010) (reversing denial of a motion to reconsider the district court's refusal to entertain a second untimely Rule 56(d) affidavit, because failure to consider the second meritorious affidavit "would work a manifest injustice on plaintiff"); Buchanan v. Stanships, Inc., 744 F.2d 1070, 1073-74 (5th Cir. Bert M. Erickson Senior Living Community Employee. In a 2010 review of CCRCs, the U.S. Senate Aging Committee found that parent organizations are "represented by a complex organizational maze" of for-profit and nonprofit entities. Headquartered in Catonsville, Maryland, it employs 14,000 people for 24,000 residents as of 2017. For example, it is not unusual for a nursing home administrator to allow a previously injured resident to return to his or her previous bed for further abuse. Erickson Retirement Communities, a major developer, managed 20 CCRCs in various stages of development at the time it filed for bankruptcy in late 2009. ECF No. On January 30, 2013, the parties submitted a status report noting that they had reached a settlement, which would be effective upon bankruptcy court approval. The sale of Erickson Retirement Communities LLC, which manages 19 full-service campus-style communities, to Redwood Capital Investments, has been completed, the senior living provider disclosed . On October 19, 2009, ERC, EG, and several subsidiaries of those companies (collectively "the debtors") sought protection under Chapter 11 of Title 11 of the United States Code ("Chapter 11") in the Bankruptcy Court for the Northern District of Texas. Call 1-855-221-7955 to get pricing and availability information. Moreover, the parties were engaged in "extensive" settlement discussions over several months that led to the dismissal of all but two of the original defendants. See ECF No. ECF No. See ECF No. The founder of the Catonsville-based retirement community company that pioneered campus-style continuing-care facilities nationwide faces a $100 million lawsuit brought on by a trustee this month. ECF No. Erickson retirement communities were sued numerous times by former residents who say the facilities were cruel and abusive. ECF No. That venture was owned by the Erickson family but Erickson Retirement Communities directly paid for expenses, the suit says. Analysis. (opens in new tab). at 157. Plaintiffs attorneys also contend that the defendants refused to make reasonable accommodations for their plaintiffs. Our innovative and solution-based techniques will help guide your loved one to the drug and alcohol read more in Addiction Medicine, Counseling & Mental Health Location & Hours 3000 Essex Rd Tinton Falls, NJ 07753 The affidavit asserts that "the GST Trusts and the Liquidating Trustee have not exchanged any discovery in the adversarial proceeding," because the case has not been subject to a scheduling order since September 6, 2011, the GST Trusts' motion to dismiss is still pending, and the parties engaged in extensive settlement discussions. To learn more about. 455. EDITOR'S NOTE: This article was originally published in the November 2012 issue of Kiplinger's Retirement Report. Accordingly, the GST Trusts were not obliged to engage in discovery until the motion was resolved and a scheduling order entered. Id. [2][11] As of 2018, Erickson had 20 managed communities in eleven states. William Donald Schaffer was living before his death. Erickson Group, LLC ("EG") was a holding company. "The protections against retaliation are vital to our enforcement of civil rights laws," said EEOC Regional Attorney Debra M. Lawrence. See Works, 519 F. App'x at 181 ("Because this motion was styled as a motion to dismiss, by operation of the District of Maryland's Local Rules, a scheduling order could not be enteredand discovery could not commenceuntil the motion was resolved.") Published 8 September 22. Pending are: (1) the Trustee's motion for summary judgment, ECF No. Id. Our People! 154. 1-844-234-5122 (ASL Video Phone)
The complaint alleged nine counts under the Maryland code or Maryland common law (counts 1-9), three counts of fraudulent transfers (counts 10-12), under 11 U.S.C. 166-1 at 1-2. Official websites use .gov Employer est. However, because the rule "is intended as a safeguard against a premature grant of summary judgment[,] [courts] should construe the rule liberally[.]" Maintain cleanliness in all public spaces within the community, including lobbies, clubhouses, bathrooms, and classrooms. [1], Erickson Senior Living was founded in 1983 by John C. Erickson as Erickson Retirement Communities. 154-1 at 6; Air Cargo, 401 B.R. "It's really going to be business as usual until that foreclosure process runs its full course," which could take a couple of years, Anderson said in an interview. This very same manager since the bullying incidents resolution has constantly treated my daughter unfairly, retaliating in any way she can towards a child. See id. at 8-9. info@eeoc.gov
Because the Court will deny the GST Trusts' pending motion to dismiss as moot, see supra note 4, the GST Trusts will have 14 days from the date of the order accompanying this memorandum opinion to file an answer. Erickson retirement communities provide special amenities for. Background. How Do I Stop Robocalls From Scamming Me? How to Choose the Best Divorce Attorney for Your Case, King and Kings Attorneys Reviews How to Judge Whether the Firm is Right For You, The 7 Most Common Car Accident Injuries What To Look Out For, How to Find Attorneys in Quincy, Massachusetts, Three Important Aspects of Hiring Puerto Rico Attorneys. Austin is the live music capital of the world, so you can imagine a city this vivacious would boast a senior community with an atmosphere just as engaging. This is a multi-location business. BBB Business Profiles are provided solely to assist you in exercising your own best judgment. 56(d)) (internal quotations omitted). 2d 403 (1995) (quoting Pacor, 743 F.2d at 994); cf. 169 at 3. The Trustee asserts that the GST Trusts' failure to identify in their first affidavit the specific discovery they will conduct and the facts they wish to investigate is fatal to their motion for discovery. 172 at 17. Suppose the defendant has twenty-one plaintiffs who all claim to have been victims of cruel and unusual punishment; does the judge throw out all twenty-one claims as frivolous? The GST Trusts assert that the promissory note claim "has not been subject to an operational scheduling order since September 6, 2011," before the case was transferred to this Court and before the GST Trusts filed the pending motion to dismiss in this Court. Thus, the GST Trusts, the nonmoving parties, have sufficiently established that they, "through no fault of [their] own, [have] had little or no opportunity to conduct discovery." The details should be spelled out in the contract. He and five top managers, including the chief executive and chief financial officers and Erickson's two sons, were to be replaced by a team chosen by Redwood. Hopefully this review on the BBB can force some accountability and change in a company that boasts about its apparently invisible core value's Integrity, and Responsibility. at 183. The affidavit asserts, inter alia, that "EG knew that the GST Trusts would not pay back" the promissory note "on their own accord," and that the transaction was disclosed to EG creditors who did not "believe they had any collateral interest in the eventual notes that were created to facilitate optimal tax planning for the transaction." For example, you might negotiate to pay half of the entrance fee now and half in a year. ECF No. 159; and (3) the GST Trusts' motion for leave to file a supplemental Rule 56(d) affidavit, ECF No. John and Nancy Erickson established the GST Trusts as charitable remainder trusts which expired five years from the date of creation. 2007). 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000
On this Wikipedia the language links are at the top of the page across from the article title. The EEOC advances equal opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. Or the facility may be bought out of bankruptcy by a new owner, resulting in service changes and other upheaval for residents. Biden President Joe Biden speaks to the House Democratic Caucus Issues Conference, Wednesday, March 1, 2023, in Baltimore. The debtor was not a party to the action. Several members of his family, including his wife Nancy, served as directors and officers of EG and ERC. Valley Historic, 486 F.3d at 836-37. Copyright 2020-2022 Lawkk. ECF No. The Note defined a missed payment as an "event of default" which gave EG the option to demand full payment of the Note. It provides independent living, assisted living, memory and skilled nursing care, managing 20 campus-style retirement communities in 11 states. Choose independent living for an active lifestyle, or thrive with the support of continuing care. A spokesman for the company said Erickson Living is. DAN LAIN, TRUSTEE, Plaintiff, v. JOHN C. ERICKSON, et al. Find your nearest EEOC office
The Court granted this motion. Ask the CCRC for its audited financial statements, and seek help in evaluating them from a financial adviser. Erickson Living Management, LLC develops and manages continuing care retirement communities. ECF No. The debtor then filed an adversary proceeding against the bank alleging, inter alia, breach of contract. This duty requires them to exhaust every reasonable method before bringing a suit. Were Hiring! It was even more disturbing to later discover an adult female chef manager whom I physically witnessed discussing the incident with two young ladies one of which was the violator, was bending several narratives to protect a bully. 1984) and Binder v. Price Waterhouse & Co. (In re Resorts Int'l, Inc.), 372 F.3d 154 (3d Cir. What is the Need to Hire an Experienced Eminent Domain Attorney? There are many variables in the law. [4], Erickson filed for Chapter 11 in 2009. The major benchmarks were mixed for most of Wednesday until comments from Atlanta Fed President Raphael Bostic sparked tailwinds for stocks. [9] Residents pay a fee an upfront deposit to secure an apartment home and a single monthly fee to cover most living expenses. The debtor "had paid all its creditors . ECF No. 2004). How BBB Processes Complaints and Reviews. retired individuals. CCRCs are often built in phases, starting with independent-living units for the healthy new residents. 171, 172, 175. 154-1 at 6, 172 at 7-8. New York Post, by Marty Makary Original Article. ECF No. Phase 1 of the 29-acre campus opened in July 2021. 154-1 at 5. Full-time + 1. We have perfected our approach to helping seniors live a happier, healthier life. The bank filed a proof of claim to which the debtor objected. If you're confident in your choice of CCRC and refundability is not that important to you, you might negotiate to waive your right to a refund after a short period in exchange for a lower entrance fee.Besides reviewing the contract provisions, prospective residents should examine the facility's financial strength. 2011). All Rights Reserved. Frequently Asked Questions, Commissioner Charges and Directed Investigations, Office of Civil Rights, Diversity and Inclusion, Management Directives & Federal Sector Guidance, Federal Sector Alternative Dispute Resolution, EEOC Sues Erickson Living Management for Retaliation. each provides residents with access to a variety of amenities including. The Erickson retirement communities . 166-1. 3 NC couples share their secrets to more than 60 years of marriage. Because the Court concludes that there is jurisdiction under 1334(b), it will not decide whether there is also diversity jurisdiction. The choice of contract can depend on the senior's ability to absorb future cost increases, health status and risk tolerance. The GST Trusts contend that, following confirmation of a Chapter 11 bankruptcy plan, federal courts' "related to" jurisdiction narrows, and "the Trustee's claims against the GST Trusts lack the requisite close nexus to the Plan." Read information about Erickson Retirement Communities at 21065 Cardinal Pond Terrace in Ashburn, Virginia, including amenities, ratings, reviews, complaints, and more. Each location may offer differing services, but. An experienced attorney will know when the time has come to bring a lawsuit forward. Strag v. Bd. A spokesman for Spectrum Retirement Communities, which had one New Mexico community on the list, when contacted, said the company had not been served with the lawsuit but added, "We take allegations regarding non-compliance with Fair Housing very seriously." . However, to defer consideration of summary judgment the GST Trusts only need to "describe with particularity the evidence [they seek] to obtain." Attorneys in the Philadelphia District Office also prosecute discrimination cases in Washington, D.C. and parts of Virginia. View Project. A Kiplinger-ATHENE Poll: Retirees Are Worried About Money, Grandparent Scams Get Victims in Their Hearts. Erickson Retirement Communities sued more than a few individuals who have died since the lawsuits were filed. Id. 152. By Elaine Silvestrini About Erickson Senior Living: Erickson Senior Living is a nation-leading manager of continuing care retirement communities. The answer, of course, is no. Logo for Siena Lakes Senior Living in Naples, FL. 172-73, 175. Id. The court held that the malpractice claim lacked a close nexus to the bankruptcy estate, because its resolution "will not affect the estate; it will have only incidental effect on the reorganized debtor; it will not interfere with the implementation of the Reorganization Plan; [and] though it will affect the former creditors as Litigation Trust beneficiaries, they no longer have a close nexus to bankruptcy plan or proceeding because they exchanged their creditor status to attain rights to the litigation claims." 159-1. The question is: "For how long and in what circumstances?" Id. she says. BBB is here to help. On July 8, 2013, the Trustee opposed this motion. In other words, unlike the claims at issue in Resorts and Valley Historic, the claim against the GST Trusts was specifically integrated into the Plan as a means of recovery for certain debtors--it is a matter affecting the "implementation, consummation, execution, or administration of the confirmed plan." Visit our corporate site. 154-1 at 4-5. & Serv. include a $2,000 monthly fee per individual for independent living, a range of $4,500 to $8,682 per month for assisted living . (citing D. Md. You've earned these years. "Retaliation can deter victims and witnesses from reporting workplace discrimination, which impermissibly interferes with our mission. Id.
II. is unrelated to any specific provision of the Plan. A recent article in the San Diego Union-Tribune described the Erickson Retirement Communities as being lawsuit-proof. What exactly is meant by that phrase? "A Rule 56[d] affidavit that conclusorily states that discovery is required is insufficient; the affidavit must specify the reasons the party is unable to present the necessary facts and describe with particularity the evidence that the party seeks to obtain." As a matter of policy, BBB does not endorse any product, service or business. Before it was sold, Erickson filed for bankruptcy in 2009, which "could have been avoided if the debtors' management had acted in the best interests of the debtors' and its creditors instead of acceding to the control and domination of John Erickson, his family, and friends," the suit said. 171 at 3. Over 27,000 people call an Erickson Senior Living community 'home'. 148 at 1. D. Md. I have no regrets. BBB Business Profiles generally cover a three-year reporting period. Also review CCRC agreements for provisions governing discharge from the facility. While many CCRC residents say they've noticed an uptick in the age of incoming residents, that may or may not say anything about the community's activities. See, e.g., White v. BFI Waste Servs., LLC, 375 F.3d 288, 295 n.2 (4th Cir. However, in the context of litigation trusts, which always maintain some connection to the bankruptcy post-confirmation, bankruptcy jurisdiction required careful circumscription to avoid "'unending jurisdiction.'" Scams There is always a governing body, such as the U.S. Congress, which determines if and when suits can be brought. That's the challenge facing seniors considering a move to a continuing-care retirement community. Its only asset was its 100% membership interest in Erickson Retirement Communities, LLC ("ERC"). I am very concerned my sister and I will lose our inheritance. Very disheartening to say the least, parents should be advised, within this organization students are talked to disrespectfully, treated with favoritism, degraded, humiliated, and bullied, majority of which is imposed by adults all holding management positions. The bankruptcy court decided to delay the adversary proceeding to determine the amount of the allowed claim until after plan confirmation. Traditionally, CCRCs offered "life care" or type A contracts, which typically involve high entrance fees but limit future cost increases for long-term-care services. ; ECF Nos. Erickson Senior Living is an owner, manager and developer of retirement communities in the United States. [9], In 2015, Erickson Senior Living was ranked as one of the top 10 senior living providers in the Assisted Living Federation of America's (ALFA) annual ranking of senior living providers by resident capacity. ) or https:// means youve safely connected to the .gov website. Can lawsuits to be brought against a for-profit entity such as an assisted living facility? The parties will be ordered to submit a proposed scheduling order 30 days from the date of the memorandum opinion accompanying this order. Your 401(k) can be a bridge from retirement to higher monthly income. Here, although the Plan has been confirmed, the Plan specifically: (1) creates the Liquidating Trust and appoints the Trustee to prosecute certain claims of the debtors on behalf of a sub-set of the debtors' creditors; and (2) provides for the Liquidating Trust's collection of the state law claim, which arose pre-petition, at issue in this suit. . ERC was a privately-owned entity that developed and managed retirement communities. After many calls and emails, I received a bill online for about 10,000 dollars. ECF No. Such dismissals are common. The Trustee and the GST Trusts reached a settlement, but the agreement was not approved by the bankruptcy court because creditors objected. Mercy Health agreed to pay a gross settlement amount of $4 million to resolve the claims of settlement class members in a lawsuit filed in August 2020, according to a plaintiffs' memorandum of law . Nader v. Blair, 549 F.3d 953, 961 (4th Cir. Boxscores are updated as we receive them. Village Shalom. Erickson Senior Living has built and operated retirement communities since 1983 and now has communities in 11 different states. I have pictures to support my daughter's property resulting from the bullying if necessary. Id. Under Local Rule 402, the action was automatically referred to the Bankruptcy Court for the District of Maryland. "With CCRCs eager to fill empty units, there is often room to negotiate fees and other contract provisions. 159-1. This community would offer well-appointed independent living apartments and a range of services and campus amenities including multiple dining venues, a pool & fitness center, an on-site medical center, art studios, classrooms and more. Headquartered in Catonsville, Maryland, it employs 14,000 people for 24,000 residents as of 2017. ECF No. Retirement Community Company Fired Director Who Opposed Disability Discrimination, Federal Agency Charges. In other cases, the lawsuit was dismissed by the courts because the plaintiffs attorneys failed to show that there was a substantial likelihood of winning the case. What's more, "I would like to see an accounting" of how fees are used, says Lewis, who has lived at the CCRC since 2005. 33. Id. These include "modified" or type B contracts, which typically have lower entrance fees but include only a limited amount of assisted living and nursing care in the initial fee. In Valley Historic, the debtor partnership filed for bankruptcy after the Bank of New York informed it that the debtor's loan agreement with the bank required a tenfold increase in monthly loan payments. "The fundamentals around successful aging are much more similar than you would have thought," he says. A statement that is very far reaching as myself and my daughter have experienced firsthand the lack of integrity, respect, teamwork and the lack there of. 1:19-cv-00585-CCB) in U.S. District Court for the District of Maryland, Northern Division after first attempting to reach a pre-litigation settlement through its conciliation process. For the reasons stated above, the defendants' motions for discovery and for leave to file a supplemental Rule 56(d) affidavit will be granted. New York, Given the GST Trusts' detailed assertions in the second affidavit that fact-specific issues of intent and motive require discovery and will likely support viable defenses to their liability on the note, and construing the defendants' submissions in a "spirit of liberality," the Court will give the defendants an opportunity to prove their defenses by granting leave to file the second affidavit. See, e.g., Radi, 434 F. App'x at 178. The GST Trusts contend that EG never intended for the GST Trusts to make payments on the Note, EG's creditors knew about the transaction, and the Note was created for tax planning purposes. Occupancy below 85% "can be a cause for concern, unless it's in a newer community that's filling up," says Stephen Maag, director of residential communities at LeadingAge, an association of nonprofit senior care providers. 0 0-0 0, Emma Erickson 1-3 . The parties dispute why payments were never made on the Note. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND, NORTHERN DIVISION. See Radi, 434 F. App'x at 178. Celotex Corp. v. Edwards, 514 U.S. 300, 308, 115 S. Ct. 1493, 1499, 131 L. Ed. 154-1 at 3. There are usually several defendants in any case. Defendants. [3] By 2009, Erickson operated a billion-dollar portfolio of properties in states from Massachusetts to Texas. Erickson Retirement Communities 701 Maiden Choice Lane Catonsville, Maryland 21228 U.S.A. Telephone: (410) 242-2880 Fax: (410) 737-8854 Web site: http://www.ericksonretirement.com Private Company Founded: 1981 as Senior Campus Living Employees: 5,541 Sales: $40 million (2002 est.) 2004). On October 17 and 24, the parties submitted briefing. | Prospective residents of continuing-care retirement communities need to do their homework before signing a contract. Some of those who died are related to the lawsuits. Such alleged conduct violates the Americans with Disabilities Act (ADA), which prohibits employers from retaliating against employees for opposing workplace discrimination or because they filed a charge with the EEOC.The EEOC filed suit (EEOC v. Erickson Living Management, LLC, Civil Action No. Valley Historic, 486 F.3d at 836-37 (quoting Resorts, 372 F.3d at 167) (internal quotations omitted). Federal district courts have "original but not exclusive jurisdiction of all civil proceedings arising under title 11, or arising in or related to cases under title 11."