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Cases & Deals

December 8, 2022

Senior Planning Services Wins Another Dismissal of Medicaid Fraud Class Action

King & Spalding won another dismissal of Plaintiffs’ Medicaid fraud claims on behalf of Senior Planning Services in a consumer class action lawsuit that has been pending in the District of New Jersey since early 2019.  This was the third separate dismissal order the firm has obtained in this case.  In granting Senior Planning’s motion to dismiss the Third Amended Complaint, the Court found that even after multiple attempts to replead their claims, Plaintiffs have still failed to provide specific facts suggesting that Senior Planning either performed legal work on behalf of the Plaintiffs or promised that it would provide legal services. Additionally, because the Court dismissed the consumer fraud claim, it declined to exercise supplemental jurisdiction over Plaintiffs remaining state law claims and dismissed the case in its entirety.  The Court’s dismissal was without prejudice, however, it cautioned Plaintiffs that if they choose to refile and fail again the dismissal will be with prejudice.