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At the Lectern

Skilled nursing facility opinion filing Monday

August 14, 2020

On Monday morning, the Supreme Court will file its opinion in Jarman v. HCR ManorCare, Inc.  (Briefs here; oral argument video here.)

Jarman is the last undecided case from the late-May calendar.  After Monday, the summer pipeline will have just five cases, all from the June calendar.  Opinions in those cases are expected by the end of the month.

The questions in Jarman are:  (1) Does Health and Safety Code section 1430, subdivision (b), authorize a maximum award of $500 per “cause of action” in a lawsuit against a skilled nursing facility for violation of specified rights or only $500 per lawsuit?  (2) Does section 1430, subdivision (b), authorize an award of punitive damages in such an action?  The court granted review in June 2017.  There was a four-month bankruptcy stay two years ago.  (See here and here.)  [Disclosure: Horvitz & Levy submitted a letter supporting the petition for review.]

The opinion can be viewed Monday starting at 10:00 a.m.

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