08/26/2026
Update from Rich Talbot:
Let it be known that Care One’s arguments that the subacute section of a long term care licensed facility is not a nursing home were rejected, this time in what is to be a REPORTED Appellate Division case involving my trial lawyer friends, Jonathan Lauri, Denise Mariani and James Evans. For multiple reasons we have rightly and continually fought Care One’s argument, which sought to strip away the legal protections from subacute residents which have existed in New Jersey in the form of the Nursing Home Act since November of 1976. Despite having to provide a list of rights to subacute residents, despite the Jury Charge instructing judges that the rights apply to subacute residents and despite the Department of Health sending a memo to remind all nursing homes in NJ that the subacute section still falls under nursing home regulations, Care One and its counsel would still argue it was not a nursing home when someone was in a long term care bed for rehab. Well, now the Appellate Division told them they are wrong in the “approved for publication” decision of Sahar vs 301 Union Street, LLC, Care One at Wellington.
I’ve previously collected on a judgment with fees and costs for violations of rights in a subacute case against Care One at Evesham, but they still would make this argument. I think this should let all understand quite very clearly, just how important these protective laws really are, and that they apply to each and every resident and even applicant to a nursing home, licensed as a long term care facility by the DOH.
Congratulations to Denise, Jonathan, and James! This is just and good for all of New Jersey.
The vulnerable need to be protected. The vulnerable need a strong voice to stand up for them. God bless!