Howard Law LLP

Trial Lawyers

  • About Us
    • Privacy Policy
  • Practice Areas
    • Business Litigation
    • Estate Litigation
      • How to Contest a Will and Win in New Jersey: What You Need to Know
      • Considerations When Writing a Family Will
      • What Makes a Will Valid?
      • Does a Will Have to Be Probated?
      • Wills and Trusts In New Jersey
      • Understanding Probate Law
        • What Probate Lawyers Do
        • How to Contest a Will
      • How to Remove an Executor of an Estate
    • Nursing Home Abuse and Neglect
      • New Jersey Nursing Homes and the Coronavirus: What are your rights – right now?
      • Nursing Home Coronavirus Questions to Ask to Protect Your Loved Ones
      • How to Address New Jersey Nursing Home Abuse and Neglect
      • New Jersey Nursing Home Abuse Laws and Regulations
      • New Jersey Nursing Home Abuse and Neglect
      • How to Hire a Contingency Lawyer
      • Hiring a New Jersey Nursing Home Abuse Lawyer
      • Nursing Home Abuse: Types, Signs & How to Report
    • Medical Malpractice
  • Attorneys
  • News
    • Howard Law Sets Important New Legal Precedent in the Protection of Nursing Home Patient Rights
    • Bergen County Jury Awards $1 Million Verdict against Englewood Plastic Surgeon Who Performed Eyelid Surgery Without Consent
  • Contact Us
You are here: Home / News / New Jersey Law Firm Howard Law Sets Important New Legal Precedent in the Protection of Nursing Home Patient Rights

New Jersey Law Firm Howard Law Sets Important New Legal Precedent in the Protection of Nursing Home Patient Rights

Appellate Court Rejects CareOne’s Attempt to Compel
Arbitration of Nursing Home Resident’s Lawsuit for Neglect

Hackensack, New, June 9, 2016 — The Appellate Division of the Superior Court of New Jersey today has set a new precedent in the protection of nursing home patients by publishing a unanimous ruling rejecting an attempt by Care One, a Fort Lee operator of a New Jersey chain of nursing homes, to compel a nursing home resident to arbitrate her claims of neglect at CareOne’s facility in Westwood, New Jersey.

In so ruling, the Appellate Division ruled that aspects of CareOne’s arbitration clause “may be unconscionable” and that the lower Court’s dismissal of the lawsuit in favor of arbitration had to be reversed because the arbitration process required by Care One was not available at the time the contract was made. The Court stated that CareOne was seeking to take advantage of the elderly and infirm who require nursing home care. “CareOne apparently imposes upon its patients an obligation to arbitrate disputes because it can.”

By this decision, the Appellate Division returned the case to the courts in Bergen County for a trial of plaintiff’s claims. Thomas S. Howard, plaintiff’s counsel, and a partner in the Hackensack firm of Howard Law LLP said “we are elated by the Court’s decision rejecting CareOne’s tactics. My client looks forward to a favorable outcome upon the trial of her claims”.

The ruling follows years of nursing home patient advocacy by Gartenberg Howard and is a major step forward in allowing for fair remedies in cases of nursing home neglect and abuse.

About Howard Law LLP

Howard Law LLP is based in Bergen County New Jersey. The firm’s approach to complex litigated matters, such as nursing home abuse and nursing home neglect, is comprehensive. The team represents families of loved ones who have suffered elder abuse or neglect, including bed sores, falls, medication errors, elopement, infection, dehydration malnutrition, physical or sexual assault, financial exploitation, and wrongful death.

Contact:

Thomas S. Howard, Esq.
Howard Law LLP
Two University Plaza, Hackensack, New Jersey 07601
Phone: 201.488.4644; Fax: 201.488.6842

Thomas S. Howard
Rated by Super Lawyers


loading ...
Avvo superb rating to attorney nursing home neglect and abuse
10.0Thomas Smith Howard Thomas Smith HowardReviewsout of 4 reviews Goldman Sachs 10,000 Small Businesses
Attorney Advertising Disclaimer Privacy Policy
Copyright © 2022 Howard Law LLP. All Rights Reserved
2 University Plaza Drive Suite 400 Hackensack, NJ 07601

New Jersey: (201) 488-4644