Peter Espey (Of Counsel-Madison, NJ) authored “Who ‘Prevails’ Under New Jersey’s Nursing Home Fee-Shifting Statute,” published April 16, 2026, on Law.com and in the New Jersey Law Journal. The article examines the recent published Appellate Division decision in Emmons v. Elmwood Hills (March 20, 2026), which clarifies when a plaintiff qualifies as a “prevailing party” under New Jersey’s Nursing Home Responsibilities and Residents’ Rights Act (NHA) for purposes of recovering attorney’s fees and costs. Peter explains that, in affirming the trial court, the appellate court held that fee-shifting under the NHA requires proof of a statutory violation, proximate cause, and resulting damages – rejecting the idea that a negligence-based recovery alone is sufficient for fee shifting. The article also highlights practical considerations, such as the critical role of thorough documentation in defending skilled nursing facility claims. Peter concludes that “Going forward, future cases may focus on what constitutes a violation of rights under the NHA.”
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