Pa. High Court Revives AG's Nursing Home Marketing Suit

Law360 (September 25, 2018, 7:26 PM EDT) -- Pennsylvania's Supreme Court on Tuesday revived that state's attorney general's allegations that two dozen nursing homes lied to prospective residents about the care on offer, criticizing a lower court's dismissal of marketing claims as “puffery.”

The state Office of Attorney General sued 25 Golden Gate National Senior Care LLC-owned facilities in 2015 for false advertising. Brochures guaranteeing clean linens, fresh bedside ice water and snacks “at any time” were contradicted by poor care on the ground, and they violated the Unfair Trade Practices and Consumer Protection Law, the OAG claimed.

An en banc panel of the Commonwealth Court found, in contrast,...

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