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 Results for ("N.J.S.A. 30:13-8")   1 to 15 of 16 results. Run time: 0.885 seconds | Search time: 0.878 seconds    
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1 IDA AZZARO v. BROOKDALE LIVING COMMUNITIES, INC. -- rank: 1000
... policy of this State as expressed by the Legislature in N.J.S.A. 30:13-8.1, one of the key components of the "Nursing Home Responsibilities and Rights of Residents" act (the Act). N.J.S.A. 30:13-8.1 renders void and unenforceable "[a]ny provision or clause ... the arbitration provisions were void as against public policy under N.J.S.A. 30:13-8.1; (2) the FAA is not applicable because the transactions ... parties did not involve interstate commerce; and (3) even if N.J.S.A. 30:13-8.1 is preempted by the FAA, the arbitration agreements are ... the FAA does not preempt the anti-arbitration provision in N.J.S.A. 30:13-8.1, that there is insufficient evidence to support the trial ... satisfied that the FAA preempts the anti-arbitration provision in N.J.S.A. 30:13-8.1. The economic activities performed by these nursing facilities ...
docket: a4403-08
court: New Jersey Superior Court Appellate Division
decided: 2010-02-09
status: Published
citation: 415 N.J. Super. 272 1 A.3d 806
Document Size: 79867
2 THE ESTATE OF ANNA RUSZALA v. BROOKDALE LIVING COMMUNITIES, INC. -- rank: 1000
... policy of this State as expressed by the Legislature in N.J.S.A. 30:13-8.1, one of the key components of the "Nursing Home Responsibilities and Rights of Residents" act (the Act). N.J.S.A. 30:13-8.1 renders void and unenforceable "[a]ny provision or clause ... the arbitration provisions were void as against public policy under N.J.S.A. 30:13-8.1; (2) the FAA is not applicable because the transactions ... parties did not involve interstate commerce; and (3) even if N.J.S.A. 30:13-8.1 is preempted by the FAA, the arbitration agreements are ... the FAA does not preempt the anti-arbitration provision in N.J.S.A. 30:13-8.1, that there is insufficient evidence to support the trial ... satisfied that the FAA preempts the anti-arbitration provision in N.J.S.A. 30:13-8.1. The economic activities performed by these nursing facilities ...
docket: a4404-08
court: New Jersey Superior Court Appellate Division
decided: 2010-02-09
status: Published
citation:
Document Size: 79716
3 Manahawkin Convalescent v. Frances O’Neill -- rank: 923
... enforce the provisions of the NHA and any pertinent regulations. N.J.S.A. 30:13-8(a). Any “person or resident whose rights as defined ... damages” and “reasonable attorney’s fees and costs[.]” N.J.S.A. 30:13-8(a). In addition to the remedies prescribed by N.J.S.A. 30:13-8(a), “treble damages may be awarded to a resident ... of [ N.J.S.A. 30:13-3.1].” N.J.S.A. 30:13-8(b). O’Neill’s NHA claim against Manahawkin is premised ...
docket: A-17-12
court: NJ Supreme Court
decided: 2014-03-11
status:
citation:
Document Size: 98245
4 DOROTHY L. MOODY v. THE VOORHEES CARE AND REHABILITATION CENTER -- rank: 791
... J.S.A. 30:13-3(a) to (j). Under N.J.S.A. 30:13-8(a), a person can only bring an action for violation ...
docket: a5561-18
court: NJ Superior Court Appellate Division
decided: 2021-02-17
status: Unpublished
citation:
Document Size: 49785
5 ESTATE OF FRANCIS EAGIN, III v. CAREONE AT EVESHAM -- rank: 767
... an expression of legislative policy and intent.' Ibid. Pursuant to N.J.S.A. 30:13-8(a), a plaintiff whose rights are violated under the NHA ... that are not relevant here, treble damages may be awarded. N.J.S.A. 30:13-8(b). Nearly a decade after the NHA was enacted, our ... 18; or an admission agreement between Eagin and CareOne, see N.J.S.A. 30:13-8.1, documenting the anticipated services. Further, under its long-term ...
docket: a0426-23
court: NJ Superior Court Appellate Division
decided: 2024-02-12
status: Unpublished
citation:
Document Size: 38045
6 VINCENT STEVEN ONDROF v. CSL SUMMIT, LLC -- rank: 723
... agreement in such a contract violates New Jersey law. See N.J.S.A. 30:13-8.1 (declaring that '[a]ny provision or clause waiving or ... §§ 1-16, when applicable, negates the significance of N.J.S.A. 30:13-8.1. That is, when the FAA applies to an arbitration ... our inquiries during oral argument, the FAA did not remove N.J.S.A. 30:13-8.1 from our statutory law. And the FAA has not ... Facilities, like Spring Meadows, that fall within the ambit of N.J.S.A. 30:13-8.1, remain bound to its prohibition and we would think ... N.J. 359, 384 (2007). While we are mindful that N.J.S.A. 30:13-8.1 cannot stand in the way of the enforcement of ... Arbitration Act, may be held unenforceable in the face of N.J.S.A. 30:13-8.1. A-2223-20 18 do in determining whether ...
docket: a2223-20
court: NJ Superior Court Appellate Division
decided: 2021-11-15
status: Unpublished
citation:
Document Size: 35147
7 ESTATE OF JAMES BURNS v. CARE ONE AT STANWICK, LLC -- rank: 714
... costs' incurred by a prevailing plaintiff in such an action, N.J.S.A. 30:13-8; see also N.J.S.A. 30:13-4.2 ...
docket: a1344-20
court: NJ Superior Court Appellate Division
decided: 2021-06-15
status: Published
citation:
Document Size: 43386
8 MARY T. KLEINE v. EMERITUS AT EMERSON BREA EMERSON LLC -- rank: 688
... s 2 express prohibition against the enforcement of such agreements, N.J.S.A. 30:13-8.1. 3 See Marmet Health Care Ctr., Inc. v. Brown ... N.J.S.A. 30:13-1 to -17. 3 N.J.S.A. 30:13-8.1 declares that "[a]ny provision or clause waiving or ... impediment to the indirect enforcement of the policies embedded in N.J.S.A. 30:13-8.1 through the state's licensing power over such facilities ... liberal federal policy favoring arbitration" is blind — when enacting N.J.S.A. 30:13-8.1. 9 These representatives are identified as "his/her personal ... only wonder whether this is the industry standard despite what N.J.S.A. 30:13-8.1 prohibits — in earlier proceedings a different judge denied ...
docket: a4453-14
court: NJ Superior Court Appellate Division
decided: 2016-06-09
status: published
citation: 445 N.J.Super. 545 139 A.3d 148
Document Size: 34319
9 ESTATE OF PHYLLIS DAVIS v. VINELAND OPERATIONS LLC -- rank: 664
... s fees pursuant to the Nursing Home Residents' Rights Act, N.J.S.A. 30:13-8(a). Defendant Vineland Operations, LLC, doing business as Lincoln Specialty ... or for additur, included a demand for counsel fees under N.J.S.A. 30:13-8(a). Defendant cross-moved to mold the verdict as to ... medical practices. [ N.J.S.A. 30:13-5(j).] N.J.S.A. 30:13-8(a) authorizes payment of reasonable attorney's fees to nursing ... occurred, a decision with which we can only concur. Hence N.J.S.A. 30:13-8(a) does not apply to this situation. Affirmed. 1 The ...
docket: a2950-11
court: NJ Superior Court Appellate Division
decided: 2013-01-30
status: unpublished
citation:
Document Size: 26275
10 MARY C. HOPE v. ROYAL HEALTHGATE NURSING AND REHABILITATION CENTER -- rank: 599
... The plaintiffs in Profeta also relied upon the requirements of N.J.S.A. 30:13-8 is available only to the resident or someone asserting his ...
docket: a5072-07
court: njappellate
decided: 2008-12-22
status: unpublished
citation: *CITE_PENDING*
Document Size: 72778
11 JAMES DUFFY v. GENESIS HEALTHCARE INC. -- rank: 570
... causes of action permitted under NRBRA are set forth in N.J.S.A. 30:13-8. We take notice of the medical malpractice causes of action ...
docket: a1561-22
court: NJ Superior Court Appellate Division
decided: 2023-05-31
status: Unpublished
citation:
Document Size: 35343
12 BRIAN S. BARBERI, v. 1351 OLD FREEHOLD ROAD OPERATIONS LLC -- rank: 505
... malpractice are 'void as against public policy and wholly unenforceable.' N.J.S.A. 30:13-8.1. A case like this suggests why the Legislature would ... of New Jersey law the result would be obvious because N.J.S.A. 30:13-8.1 would preclude enforcement of the arbitration provision; the state ... dispute that the FAA applies here, 2 we must disregard N.J.S.A. 30:13-8.1 and determine whether the FAA requires the arbitration provision ...
docket: a3265-21
court: NJ Superior Court Appellate Division
decided: 2023-04-28
status: Unpublished
citation:
Document Size: 14481
13 NANCY SILVERA v. ARISTACARE AT CHERRY HILL, LLC -- rank: 464
... Act's express prohibition against the enforcement of such agreements, N.J.S.A. 30:13-8.1.' Kleine v. Emeritus at Emerson, 445 N.J. Super ...
docket: a0519-20
court: NJ Superior Court Appellate Division
decided: 2021-03-30
status: Unpublished
citation:
Document Size: 26896
14 DARROL LEVONAS v. REGENCY HERITAGE NURSING AND REHABILITATION CENTER L.L.C. -- rank: 435
... Thus, the FAA preempts the anti-arbitration provision contained in N.J.S.A. 30:13-8.1. Id. at 293. A mandatory arbitration provision in a ...
docket: a4995-11
court: NJ Superior Court Appellate Division
decided: 2013-08-29
status: unpublished
citation:
Document Size: 29688
15 MINNIE PEARL BROWN v. 5101 NORTH PARK DRIVE OPERATIONS LLC MINNIE PEARL BROWN v. 5101 NORTH PARK DRIVE OPERATIONS LLC -- rank: 391
... Thus, the FAA preempts the anti-arbitration provision contained in N.J.S.A. 30:13-8.1. Id. at 293. A mandatory arbitration provision in a ...
docket: a5372-12 a5372-12
court: NJ Superior Court Appellate Division NJ Superior Court Appellate Division
decided: 2014-04-23 2014-04-23
status: unpublished unpublished
citation:
Document Size: 30374
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