A skilled nursing provider is happy after a court of appeals denied a bid to move a class-action suit against the operator from federal court.
The Court of Appeals for the Sixth Circuit issued the ruling in favor of Brookdale Senior Living Inc. on Monday, Bloomberg Law reported.
A spokeswoman for Brookdale on Tuesday told McKnight’s Long-Term Care News the company didn’t have any additional comment on the litigation.
The suit revolves around a former resident, Carrie Johnson, who alleges she received poor care at the operator’s Brookdale Richmond Place, a skilled nursing facility based in Lexington, KY. She also alleges the facility’s five-star rating was “fraudulently inflated,” the report stated.
The case was removed from state court by Brookdale under the Class Action Fairness Action. Johnson attempted to get the case moved back to state court, but was ultimately denied after being unable to prove the move was mandated by the act’s local controversy exception.
