Attorney Fillmore Obtains Dismissal of New Jersey Nursing Home Act Resident Rights Violations

Attorney Monica Fillmore obtained a dismissal of a New Jersey Nursing Home Act (NHA) Rights Violation via Summary Judgment in Union County, New Jersey. After lengthy briefing and multiple arguments, the Judge found that based upon the legislative intent, plain language, and relevant case law, a New Jersey NHA Resident Rights violation claim can only be brought by a current resident or a representative on behalf of the current resident. The Court found that the Plaintiff “was not a resident of the [Nursing Home] when he brought his claim and thus cannot bring his claim under the Nursing Home Act.” This dismissal will preclude Plaintiff from making a claim for attorney’s fees and costs under a fee shift scheme, along with treble damages based upon a NHA Resident Rights violation.