In the Courts: Judge’s Memo Outlines Background on Assisted Living

October 11, 2013 | Aging Services Risk, Quality, & Safety Guidance

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An influential U.S. district judge has issued a memorandum outlining the background of the assisted-living industry in the United States generally and in the state of New York specifically. The memo was issued to help the parties prepare briefs and arguments regarding the defendants' motion for summary judgment and certification of the plaintiffs' proposed class action, based on the judge's independent research.

The lawsuit was brought by the legal representatives of former residents of an assisted-living facility. They claimed that the facility’s owners and managers did not have a license to operate an assisted-living residence at the time the residents lived there. Further, they argued that this fact was omitted from marketing and other materials and that these misrepresentations caused the residents to pay excessive rent and fees. “Central to plaintiffs’ claims is their contention that there existed a material difference between the services they thought they had...

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