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CG&P OBTAINS DISMISSAL OF A FEDERAL COURT ACTION FOR ALLEGED ABUSE IN AN ASSISTED LIVING FACILITY

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CG&P OBTAINS DISMISSAL OF A FEDERAL COURT ACTION FOR ALLEGED ABUSE IN AN ASSISTED LIVING FACILITY

In an action commenced in the Unites States District Court for the Eastern District of New York, plaintiffs brought a suit seeking monetary damages and injunctive relief with respect to the residency of their father in the defendant assisted living facility. It was alleged that the co-defendant, the resident’s brother, was forcing him to reside in the facility against his wishes and in violation of various constitutional provisions and New York law. The Court granted our motion and dismissed the plaintiffs’ complaint under Rule 12(b)(1) of the Federal Rules and Civil Procedure on the ground that the plaintiffs lacked Article III standing since they did not allege an injury-in-fact. The Court accepted our argument that since the plaintiffs plausibly alleged no injury to themselves, they cannot maintain an action on behalf of their father claiming abuse and neglect at the assisted living facility. The Court also accepted our argument that since the federal claims were dismissed for jurisdictional reasons, the Court may not exercise supplemental jurisdiction over the remaining state-law claims for intentional and negligent infliction of emotional distress, battery, and negligence. The case was handled by CG&P of counsel Richard M. Fedrow, Esq. and associate Alexandra N. Nieto, Esq.