April 25, 2017, Emily Mongan, McKnight's Long-Term Care News - The Pennsylvania attorney general's office filed an appeal last week of a state court's decision to dismiss a lawsuit against 25 Golden LivingCenters. The Commonwealth Court of Pennsylvania dismissed the suit in late March, finding that the provider's marketing statements did not count as false advertising, but was considered “puffery,” or exaggerated sales talk.
The AG's choice to appeal to decision to the Supreme Court of Pennsylvania is important, the Pittsburgh Post-Gazette reported on Monday, because it impacts a similar lawsuit filed against Grane Healthcare last year.
If the appeal is unsuccessful, the AG's office may have to reevaluate its attempts to obtain monetary penalties from businesses violating the Unfair Trade Practices and Consumer Protection Law, Grane attorney Walter Cohen told the newspaper. The Commonwealth Court's March ruling held that only individuals — not the state — can be compensated for trade law violations.
A Supreme Court ruling ........ CLICK HERE TO READ MORE