“NJ Nursing Homes May Be Liable Under Consumer Fraud Act,” Law360 January 6, 2014

“From a ‘big picture’ perspective, the New Jersey Supreme Court will determine whether the ‘learned professional’ exception precludes application of the Consumer Fraud Act to nursing homes — an issue which, if answered by the court in the negative, could create yet another area of potential liability in an industry where employers typically find themselves besieged by fee-related disputes, professional liability claims, and employment matters,” writes Michael S. Katzen, a member of Goldberg Segalla’s Health Care Practice Group. “That is not to mention the already present labyrinth of government regulations applicable to nursing homes, an industry which is frequently credited as being one of the most highly regulated in the United States, second only to nuclear energy.”

In this expert analysis column for Law360, Mike explains why the court’s determination of whether nursing homes can be liable for consumer fraud could have a significant impact on the nursing home industry. He says that “CFA liability for nursing homes would create a new avenue for plaintiffs’ counsel to recover their attorneys’ fees.”

Read the article here: