Latest news with #Lococo
Boston Globe
08-08-2025
- Health
- Boston Globe
Arbitration agreements shield assisted living homes from accountability, some experts say
Advertisement E.J. Lococo, a retired federal agent, said he thought it meant arbitration would apply if 'someone stole my mother's Depends or CD player. . . . I didn't know [that] if you were going to kill my mother, we were going to go to arbitration.' Yet, Lococo alleges, that is exactly what happened. His mother, 80, died in August 2021 from pressure ulcers that her family alleges went untreated for months while she was at the Atrium. Her son filed a wrongful death suit against Benchmark Senior Living LLC, which operates Atrium, on behalf of her estate last year. But in March, a judge granted the facility's motion to dismiss all claims against it, ruling the estate was legally required to resolve them through binding arbitration. Advertisement Facing steep filing fees and the costs of paying an arbitrator, Lococo's lawyer, Michael Grace, said he decided not to pursue arbitration against Benchmark. He is, however, going forward with claims against two outside companies that provided medical care to Judith Lococo while she lived at the Atrium, and were not included in the arbitration agreement. The case underscores the impact of arbitration agreements, which are legal and common in the assisted living industry, but severely restrict residents from holding facilities accountable when something goes wrong, according to elder care lawyers and advocates. 'Americans are more likely to be struck by lightning than win in forced arbitration,' according to a 2019 report by the American Association for Justice, a Washington, D.C.-based nonprofit organization for trial lawyers. Moreover, critics say, residents of assisted living facilities and their family members don't realize the implications of what they're signing. They also don't have to put themselves in that situation: they are not required to sign arbitration agreements as a condition of admission, these critics said, and should not do so. Unlike court proceedings, an arbitrator is privately paid, usually with both sides sharing the expense, which can cost plaintiffs thousands of dollars. Court rules don't apply, meaning plaintiffs may not call as many witnesses or obtain as much evidence as they believe they need to support their case. The arbitrator, usually just one person, is supposed to be neutral. But critics say the facilities too often have a preexisting relationship with an arbitrator who is likely to favor their side. And when arbitrators do rule in favor of plaintiffs, judgments tend to be much lower than those awarded by juries. Advertisement In Lococo's case, the arbitration agreement even included a clause that would require the family to pay Benchmark's legal fees if it filed a lawsuit. Benchmark declined to comment on Lococo's allegations, but said in a statement released by its lawyer that it 'places its highest priority on the care, safety and well-being of our residents.' The lawyer, Joseph M. Desmond, said in an email, 'We stand firmly behind the quality of care we provide and our attentive staff, whose skills consistently receive high marks for resident satisfaction.' He added that Benchmark's policy is 'to offer a voluntary arbitration agreement to individuals moving into our communities' and that arbitration 'is entirely optional and not a requirement for residency.' The Massachusetts Assisted Living Association, which advocates for the assisted living industry in the state, said arbitration has the advantage of resolving disputes more quickly and at a lower cost than through litigation. Arbitration agreements can be negotiated and amended before a resident moves into a home, a spokesperson said. 'Residents and families sometimes select an option for arbitration when they move in so that if they have concerns they can resolve them in a way that is both timely and less costly than litigation,' said Brian Doherty, the group's president. The devastating blaze that killed 10 residents of an assisted living facility in Fall River in July drew attention to the lack of transparency in the industry, which in Massachusetts is more loosely regulated than nursing homes. And, critics say, arbitration agreements contribute to that lack of transparency because the proceedings are not public and settlements are confidential. Those conditions can obscure from public view problems and dysfunction at a facility, details that would come to light in court proceedings. Advertisement Arbitration agreements, so far, at least, appear not to be a factor in the Fall River case. 'It has not come up in our case at this point,' said Robin Gouveia, who filed the first lawsuit on behalf of a Gabriel House resident. Arbitration agreements also include a clause requiring that residents agree not to sue the home or seek other court remedies. 'There's a constitutional right to have a jury and an arbitration clause takes it away with the swipe of a pen,' said David J. Hoey, an attorney who has represented families alleging abuse and neglect at nursing homes and assisted living centers for more than 30 years. 'I've arbitrated enough cases to know that they're unfair to the injured party.' In 2019, he filed a wrongful death suit on behalf of the estate of a client who was allegedly shoved to the ground by another resident at an assisted living home in Danvers, broke his hip, and later died of complications from the injury. A judge dismissed the suit against the operators, citing an arbitration agreement. The arbitrator ruled in favor of Hoey's client. But he said the judgment of $360,000, was much less than Hoey believed a jury would have awarded. The state attorney general's office is drafting new consumer protections for the assisted living industry, but a spokesperson would not say whether changes to arbitration clauses are under consideration. As attorney general in 2017, now-Governor Maura Healey signed on to a letter with counterparts from 16 states that criticized arbitration agreements and opposed a federal proposal to lift a ban on their use in nursing homes. Advertisement The federal government lifted its ban on arbitration clauses in nursing homes following a legal challenge. Instead, in 2019 it adopted new requirements, prohibiting nursing homes from denying admission to anyone who refused to agree to arbitration and allowing residents or their representatives 30 days to change their mind if they do sign one. Assisted living facilities, which are not regulated by the federal government, are not bound by the same arbitration requirements as nursing homes, but generally have adopted the same standards, according to Hoey. A Massachusetts commission formed this year to consider new regulations for the industry recommended a ban on them as a condition of admission in a draft proposal. Other states differ on how they regulate such clauses. Hoey said the agreements aren't foolproof and can be challenged in court on various grounds, including if they were signed by a person who didn't have legal authority to represent a resident or was under duress. Lococo's son said he tapped into his retirement savings to pay for his mother's care, including more than $13,000 a month to the Atrium at Cardinal Drive. Several months after she moved, COVID-19 swept the country, and the facility was placed in lockdown. Lococo said there were staffing shortages and he feared his mother wasn't getting the care they were paying for, which included assistance with bathing, toiletry, and medical treatment. She fell several times in late 2020, and developed bed sores, according to the lawsuit. Advertisement But, Lococo said, nobody at the facility ever told him his mother had developed a pressure ulcer around May 2021 that had allegedly gone untreated. He said he learned of it when the family moved her to another facility three months later and a nurse sent him graphic photos of her wound, showing exposed bone. 'I was enraged,' Lococo said. His mother died days later. 'These places that call themselves assisted living fly under the radar. . . How is this not regulated?' Lococo's attorney, Michael Grace, said family members generally don't think about something bad happening to their relatives after spending so much time and emotional energy finding an assisted living home for them. They waive their right to sue, he said, because they're thinking 'it looks like a good place and nothing is going to go wrong.' Shelley Murphy can be reached at
Hamilton Spectator
18-07-2025
- Politics
- Hamilton Spectator
Will Niagara Falls create ‘bubble zones' to limit protests?
Despite concerns it may breach individuals' Charter rights, Niagara Falls city staff will review a 'bubble zone' bylaw that would prohibit protests around faith-based and cultural institutions and city-owned facilities and properties. Municipal council approved a motion brought forward by Coun. Ruth-Ann Nieuwesteeg Tuesday asking for staff to report back on the issue. 'We need to protect the right of our residents to worship without threats of intimidation,' said Nieuwesteeg's motion. 'City-owned public spaces and spaces in the vicinity of faith-based cultural institutions including streets and sidewalks should feel safe and free from protesters. Some protests invoke harassment and intimidation. Those attending religious institutions should be able to do so in peace.' Niagara Falls city Coun. Ruth-Ann Nieuwesteeg. Nieuwesteeg said the history of 'bubble zones' goes back to 1995, when they were first adopted in British Columbia. 'Causes that are of international concern are being taken up by local residents and visitors more often as issues on the world stage become increasingly pronounced,' said the motion. 'Redirecting political protests away from innocent and vulnerable religious minorities and children will make sure that their rights are not impeded.' Coun. Mona Patel said she supports the motion 'because everybody has a right to freedom of religion without intimidation.' 'Lately, it's a shame to say that in Canada, the last couple of years, it has not been the case — people are fearful when they go to their place of worship,' she said. 'I commend Coun. Nieuwesteeg for bringing this motion forward.' The only opposing councillor was Lori Lococo. 'I understand the thoughts behind this — we're seeing this all around the world and in our own country and there is a need for it, and it needs to be addressed,' said Lococo. 'However, there are already laws against this action and the police have authority to act on it.' Lococo said she has concerns about the motion including city-owned facilities and properties. 'This is taxpayers' property,' she said. 'Regarding our decorum policy, it was stated that people could not have signs in the chamber but outside was OK. Now, this bubble zone bylaw will not allow protests on city-owned facilities and properties. That is very problematic in my opinion.' Niagara Falls city Coun. Lori Lococo. Lococo said she has done research that suggests a recent Toronto 'bubble zone' bylaw will not withstand a Charter challenge. She pointed to a joint statement by the Canadian Civil Liberties Association and the Centre for Free Expression about the Toronto bylaw. 'It says 'it represents a significant risk to peaceful expression and assembly and is not necessary in light of existing police powers. The police already have broad powers to protect access to property and to intervene in the event of threat of human physical safety, including protests. Therefore, a new bylaw is unnecessary.'' Lococo said 63 per cent of the 42,000 Toronto residents polled did not support that city's 'bubble zone' bylaw. 'And Toronto's ban was (for) a place of worship, schools and child-care centres — not city property,' she said. 'Ten multi-faith groups contacted city hall, eight Jewish groups and 184 civil groups. I can't support (Nieuwesteeg's motion) the way it's written.' Nieuwesteeg responded, saying she would like to eliminate city-owned facilities from her motion and keep it to outside worship centres. Chief administrative officer Jason Burgess reminded council Nieuwesteeg's motion was not to implement a bylaw, but for staff to review one and report back. 'To address, I think, some of the concerns raised (by Lococo), it's really to have that report done and I think some of those issues would be addressed — some of those legal issues and we would review stakeholder issues,' he said. 'I think the City of St. Catharines recently passed one also and we can see how the Niagara Regional Police has interpreted that one.' Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy . This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Want more of the latest from us? Sign up for more at our newsletter page .
Chicago Tribune
15-05-2025
- Business
- Chicago Tribune
Down to Business: After nearly 60 years, The Lantern's become a ‘generational place' for Naperville families
Business: The Lantern Address: 8 W. Chicago Ave., Naperville Phone/website: 630-355-7099; Owner: Mike Lococo of Naperville; General Manager: Jessica Laramie, 37, of Yorkville Years in business: 59 What does your business do? 'It's all about the history. It's a generational place. Families come here. We're known as a tavern. We're known as a bar. We're known as a restaurant,' Lococo said. 'Kids look forward to getting their (free) popcorn and suckers,' Laramie said. 'That's been going on for years. Adults now did it when they were kids.' What should people know? 'We have the coldest beer in downtown Naperville,' Lococo said. Did you start the business? 'No. I bought it two and a half years ago. Don Feldott started The Lantern in 1966. Our 60th year will be 2026. There's going to be a celebration all year,' Lococo said. 'One of (Don's) granddaughters, Kalie Feldott, is our other general manager,' Laramie said. Why did you buy The Lantern? 'Opportunity. A venture to take on. … Don passed away in 2021. Some of the family started running the business. They decided to sell. … I had been here before. I was here when I was 21.' What was your previous job? 'Property management.' How's the business doing? 'It's going great. We didn't change any of the recipes. They are 40, 50 years old. We're known for burgers. We make them fresh every day. We bring in the meat from Casey's (Foods). We have great food. … Our cooks, Ruben and Susanna Gallegos, have been here over 25 years,' Lococo said. How many employees do you have? 'Thirty-five. We've had employees here for decades. Our cleaner, we call him Rob Bob, he's here 5, 6 in the morning. No one's ever seen him,' Lococo said. 'His father worked here. Rob Bob is in his 60s. I will come here sometimes at eight in the morning. It's like if walls could talk. He tells me all the stories, the history that went on here 30, 40, 50 years ago.' Why is The Lantern important for Naperville? 'It's iconic. You'll get construction workers to attorneys to the mayor. Have lunch. Have a drink. This place is a staple. You saw the mural on the side (of the building). If you look up 'City of Naperville,' that's the picture that comes up first. I call this 'the beating heart of Naperville'.' Lococo said. 'We're known as the place to have the last drink (of the night). People try to get here an hour before we close to have that last drink,' Lococo said. What are your hours? 'We're open from 11 a.m. to 1 a.m. Sunday through Thursday, till 2 a.m. Friday and Saturday,' Laramie said. What about competition? 'We love to see other bars down here. We encourage people to open bars (downtown),' Lococo said. 'That makes it a destination place for all of us,' Laramie said. Any favorite stories? 'It was Christmas week. Really crowded. An older gentleman came in and said his daughter was getting engaged (in a park) down the street in 20 minutes and he needed room for 30 people. I accommodated him. … A lot of people meet here, get married, come back,' Lococo said. Are you here 12 hours a day? 'I used to be. Hiring good people is the key,' Lococo said. Any future plans? 'We will not go corporate. It's going to be a traditional, independently owned place as long as I'm here,' Lococo said. 'Maybe (start) a (weekend) brunch. We're working on that … We hope to bring back the block party in August of 2026. Everyone works that day. Some of our customers volunteer and help.' Any other special events? 'We have free karaoke every Tuesday night, from 9 p.m. to midnight. … We also do trivia every Wednesday. A sold-out house, usually a week ahead of time. It starts at 7 o'clock. The same deejay who does karaoke does trivia. The prizes are gift cards,' Laramie said. How about live music? 'Usually on Thursday nights. … On New Year's Eve we do two toasts. One at 5 p.m., one at midnight. A lot of the families come down here for the early toast,' Lococo said. This building is over 100 years old. Is it haunted? 'Maybe in the basement,' Lococo said. Any misconceptions? 'People may think it's a college bar. It's not. It's a family place. On a Saturday you get the whole T-ball team in here after a game,' Laramie said. What's your advice for someone starting a business? 'You've got to have good people working for you and don't be undercapitalized. … People think it's easy. It's not. There's a lot of moving parts. … I'm still learning,' Lococo said.
