New Jersey Plaintiffs Can Amend Consumer Fraud Claims Over Medicaid Applications

Mealey's (December 4, 2020, 1:54 PM EST) -- TRENTON, N.J. — A federal judge in New Jersey on Nov. 30 granted in part a motion to dismiss filed by a service that helps elderly individuals apply for Medicaid benefits, finding that a choice-of-law provision in the company’s fee agreement allows a woman and the estate of her father to bring claims only on behalf of a proposed class of New Jersey residents and that the plaintiffs’ second amended complaint failed to sufficiently allege violations of the New Jersey Consumer Fraud Act (NJCFA) (Estate of Lester Cotton, et al. v. Senior Planning Services LLC, et al., No. 19-8921, D. N.J., 2020 U.S. Dist. LEXIS 223567)....