Nursing Home Case To Clarify NJ Consumer Fraud Immunity

Law360, New York (October 18, 2013, 7:47 PM EDT) -- A New Jersey Supreme Court case set for arguments Tuesday may give the jurists a chance to tackle not only whether nursing homes are shielded from the state's powerful Consumer Fraud Act by an exception for highly regulated professionals, but also on the scope of the exception itself, which attorneys say could spell liability concerns for other industries.

A key issue in the putative class action Manahawkin Convalescent v. O'Neill has been whether a nursing home's collection and billing practices in particular are part of the learned professionals exception, which applies to medical providers, attorneys, accountants and other licensed occupations. The...

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