Burns v. Care One at Stanwick, 468 N.J. Super. 306 (2021)

Interlocutory appeal of summary judgment allowing an Assisted Living resident to assert a private cause of action for the facility's alleged breach of their statutory bill of rights was decided in defendant’s favor. On appeal, we successfully argued that the Legislature did not intend to create a private cause of action for breach of the Assisted Living bill of rights provisions. As a result, the case will proceed as a medical/nursing negligence action only with no attorneys fees or costs permitted.