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Litigation and Regulatory or Judicial Intervention

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Advocacy can take many forms ranging from entrepreneurial change and reform through legislation to coerce ethical behavior.  Litigation, though, is the least desirable form of advocacy and it is something that those who are injured generally turn to only as a last resort when all other avenues of redress have been exhausted.

It’s not something that people undertake lightly.  First of all, litigation can be extremely costly.  Second, outcomes are in no way predictable.  Third, litigation may result in bad precedents which can give legal standing to outcomes that are inimical to the interests of those who need protection.

The cases listed to the right are in no way exhaustive.  They are simply those cases that have been brought to our attention.  Nevertheless, we believe that exploring the issues raised in these cases; looking through the argumentation; and considering the outcomes, can be instructive for those who may be considering entrusting a CCRC with an entry fee investment or for those who have already done so.

The matters listed to right cite the complaint and should not be interpreted as conclusions concerning wrongdoing.  The determination of whether there was or was not wrongdoing was the purpose of the judicial proceeding.

 

Cases Brought to Our Attention

 

Breach of Health Records (Anchorage, AK)

Bankruptcy: Amsterdam House (New York)

Bankruptcy: Sears Methodist (Texas)

Tax Exemption: El Castillo (New Mexico)

Alleged Provider Fraud: Vi La Jolla (California)

Alleged Misuse of Entry Fees: Vi Palo Alto (California)

     

 

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Adminstration:  Active Aging Advocates, 2855 Carlsbad Blvd., N116, Carlsbad, CA 92008

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