In March of 1997, Ms. C was 89 years old, extremely sick, and in very poor mental condition. In fact, at her worse, Ms. C could barely speak and was unable to recognize her four children when they would come to visit. Over time, it became obvious to her children that Ms. C would not live much longer, suffering as she was. In view of that, the four children agreed to read their mother’s Last Will and Testament together to see how their mother wanted her property devised.

On May 21, 2002, Merrill Lynch, one of the world’s biggest brokerage firms, agreed to pay $100 million to settle a case brought by the New York attorney general, Eliot Spitzer, alleging that Merrill defrauded retail brokerage customers by issuing misleading “buy” recommendations on over two dozen stocks followed by Merrill’s internet analyst group.1 According to Spitzer, Merrill issued and maintained “buy” recommendations on certain stocks in order to curry favor with the issuers of those stocks in hopes of securing lucrative investment banking business from those companies in the future.

Even more so than with individual cases, most class actions settle. This is due in part to the fact that the risks of proceeding to judgment post-certification are very significant to all parties. However, many settlements are often negotiated prior to certification. In those cases, the settlement is contingent on the court certifying a class for settlement purposes only.

The long-term care industry is a highly regulated machine governed by both state and federal guidelines. These regulations provide the plaintiff's attorney with a framework that sets out the quality of care necessary in a long-term care facility. Violations of this care framework may establish the predicate for litigation. Accordingly, any attorney who is going to practice in this area of law, even on an intermittent basis, must thoroughly familiarize himself or herself with both the state and federal regulations governing this industry.

As you make your closing argument you are, hopefully, confirming for the jury that the decision they have already made is the correct one. Closing argument is your opportunity to convince the jury that a significant award is appropriate in your nursing home case because of the bad conduct of the nursing home and because the life of an elderly person is no less valuable than that of any other human being. The jury should understand that all life is precious and should end naturally, not because of a corporation’s greed and indifference. Closing is your opportunity to convince the jury of the righteousness of your case and the opportunity they have before them. It is an opportunity to protect those that cannot protect themselves and to make a difference in the quality of care nursing home residents receive.