Arville Winans v. Emeritus Corp. Settlement

Welcome to the Website for the Arville Winans v. Emeritus Corp. Settlement

IF YOU RESIDED AT A CALIFORNIA ASSISTED LIVING FACILITY OWNED AND/OR OPERATED BY EMERITUS, FROM JULY 29, 2009 THROUGH MAY 15, 2015, YOU MAY BE ENTITLED TO MONEY FROM A CLASS ACTION SETTLEMENT.

WHAT IS THIS LAWSUIT ABOUT?

A class action lawsuit is currently pending in federal court before United States District Judge Samuel Conti. This is a putative class action filed on behalf of residents of Emeritus-operated assisted living communities in California, alleging that Emeritus made misleading statements about its resident evaluation system and its role in providing sufficient staffing and care for residents, which resulted in Plaintiffs paying for additional services they did not receive. In a class action, one or more individuals, called Plaintiffs, file suit on behalf of others with similar claims, called “the Class” or “Class Members.” Defendant Emeritus denies all allegations. 

WHAT ARE THE TERMS OF THE SETTLEMENT?

Under the proposed settlement, Defendants have agreed to provide a total settlement fund of $13 million. Subject to court approval, the amount remaining after notice and settlement administration expenses, as well as attorneys’ fees, litigation expenses, and service awards, will be used to make cash payments to Class Members (or if the Class Member is deceased, to their legal successor).  It is estimated that approximately $8.5 million will be available for these cash payments. The request for attorneys’ fees and litigation expenses shall not exceed 33% of the settlement fund ($4.29 million.)  

Although the information in this website is intended to assist potential Class Members, it does not replace the information contained in the Class Notice and the Settlement Agreement, both of which can be found and downloaded on this website. We recommend that you read the Notice and other relevant case documents carefully.

Important Dates:

Request for Exclusion Deadline                    August 4, 2015
Objection Deadline August 4, 2015
Request for Exclusion Deadline,
Carry-Over Residents *
November 13, 2015    
Objection Deadline,
Carry-Over Residents *
November 13, 2015
Final Approval Hearing December 17, 2015

* “Carry-Over Residents” are those who received the Notice mailed on October 9, 2015.