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BARTELS v. SABER HEALTHCARE GROUP

Nos. 16-2247, 16-2416.

880 F.3d 668 (2018)

Jeanne T. BARTELS, BY AND THROUGH William H. BARTELS, Attorney-in-Fact; Joseph J. Pfohl, Executor of the Estate of Bernice C. Pfohl; Claire M. Murphy, by and through Michele Mullen, Attorney-in-Fact, Plaintiffs-Appellees, v. SABER HEALTHCARE GROUP, LLC; Saber Healthcare Holdings, LLC; Franklin Operations, LLC, d/b/a Franklin Manor Assisted Living Center; Smithfield East Health Holdings, LLC, d/b/a Gabriel Manor Assisted Living Center; Queen City Al Holdings, LLC, d/b/a The Crossings at Steele Creek, Defendants-Appellants. Jeanne T. Bartels, by and through William H. Bartels, Attorney-in-Fact; Joseph J. Pfohl, Executor of the Estate of Bernice C. Pfohl; Claire M. Murphy, by and through Michele Mullen, Attorney-in-Fact, Plaintiffs-Appellees, v. Saber Healthcare Group, LLC; Saber Healthcare Holdings, LLC; Franklin Operations, LLC, d/b/a Franklin Manor Assisted Living Center; Smithfield East Health Holdings, LLC, d/b/a Gabriel Manor Assisted Living Center; Queen City Al Holdings, LLC, d/b/a The Crossings at Steele Creek, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: January 23, 2018.

Attorney(s) appearing for the Case

ARGUED: Mary Beth Hickcox-Howard , WILLIAMS & CONNOLLY LLP, Washington, D.C., for Appellants. Stephen Jay Gugenheim , GUGENHEIM LAW OFFICES, P.C., Raleigh, North Carolina, for Appellees. ON BRIEF: Steven B. Epstein , POYNER SPRUILL LLP, Raleigh, North Carolina; Edward J. Bennett , WILLIAMS & CONNOLLY LLP, Washington, D.C., for Appellants. Daniel K. Bryson , Matthew E. Lee , Jeremy R. Williams , WHITFIELD BRYSON & MASON LLP, Raleigh, North Carolina; Andrew D. Hathaway , GUGENHEIM LAW OFFICES, P.C., Raleigh, North Carolina, for Appellees.

Vacated and remanded by published opinion. Judge Traxler wrote the majority opinion in which Judge Diaz joined. Judge Floyd wrote an opinion concurring in part and concurring in the judgment.

Saber Healthcare Holdings, LLC, sits at the top of a family of wholly owned limited-liability companies that own and operate dozens of assisted-living facilities and nursing homes in several states, including North Carolina. Current and former residents of one of Saber's North Carolina assisted-living facilities brought a...

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