On October 2, 2019, Nottoway Circuit Court rejected medical malpractice Defendants’ argument that the Virginia Consumer Protection Act (“VCPA”) does not apply to assisted living facilities and that their alleged inducing fraudulent statements were mere “sales trade talk or puffery”; and overruled their Demurrer regarding the same. Id. at 3-4. The case is Henderson v. Hickory Hill Retirement Community, LLC, No. CL19-187; and followed as persuasive authority Beaty v. Manor Care, Inc., No. 02-1720-A (E.D. Va. Feb. 10, 2003)(Virginia law) and Humphreg v. Leewood Healthcare Ctr., 73 Va. Cir. 346 (Fairfax 2007). Henderson also denied Defendants’ Motion Craving Oyer, Motion to Strike Inflammatory Misrepresentations, and Demurrer to Punitive Damages Claims. Id. at 2-3.
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