Emeritus and Brookdale Senior Living

January 2016: A federal judge granted final approval of the settlement.

June 2015: A federal judge preliminarily approved a $13 million settlement of a class-action lawsuit against Emeritus Corp. (also known as Emeritus Senior Living and Brookdale Senior Living, Inc.).

The complaint, which was originally filed in 2013 and amended in April 2015, alleged that the marketing materials for Emeritus Corp.’s assisted living facilities misrepresented that staffing decisions were based on evaluations by its residents when, in reality, the facilities were staffed based on labor budgets.

The proposed settlement provides class members with cash payments (the amount going to each class member will vary, but each class member is estimated to receive a minimum of $450). In addition, the company agreed to, among other things, direct its assisted living communities in California to stop misrepresenting to prospective residents and their families how staffing decisions are made. A final fairness hearing is scheduled for September 25, 2015. (Winans et al v. Emeritus Corp. and Does 1-100, Case No. 13-cv-3962, N. D. CA.)


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