This program is eligible for 3 hours of CLE credit in 60-minute states. In 50-minute states, this program is eligible for 3.6 hours of CLE credit. Credit hours are estimated and are subject to each state’s approval and credit rounding rules.
Overview
Explore the high-stakes landscape of nursing home litigation.
Nursing home litigation continues to shift as courts, regulators, and litigants confront increasingly complex ownership structures, financial strategies, and data-driven evidence. This seminar offers a practical, up-to-date look at the issues driving today’s cases—from nursing home bankruptcies and owner liability to audit trails, staffing evidence, and critical discovery documents.
Learn from both plaintiff and defense perspectives how to preserve claims, limit liability, and leverage key evidence in high-stakes cases. Walk away with actionable strategies for navigating the legal, procedural, and evidentiary challenges shaping nursing home litigation today.
After attending this program, you will have a better handle on:
- Understanding the goals behind nursing home bankruptcy filings and their impact on claims and recoveries.
- Analyzing direct participation liability and the limits of corporate and owner protections.
- Identifing and using audit trails to establish—or defend against—alleged breaches of care.
- Locating, interpreting, and challenging understaffing evidence from PBJ data, timecards, and facility assessments.
Learn from leading authorities.
Hear from top experts shaping nursing home litigation, including bankruptcy attorney John Anthony (Genesis Nursing Home), abuse and neglect specialist Ernest Tosh, and seasoned litigators Matthew Keris and Martin Kardon, offering deep expertise in complex liability, evidence strategies, and high-stakes litigation. Gain practical strategies and insights from the leaders shaping today's nursing home legal landscape.
Recorded in April 2026.
Faculty
Martin S. Kardon, Esq.
Mr. Kardon is a shareholder in the firm of Kanter, Bernstein & Kardon, P.C. in Philadelphia. A graduate of Boston University and Suffolk University Law School, he has been a member of the bars of Pennsylvania, New Jersey and Massachusetts since 1977. After serving three years as an Assistant City Solicitor in the Philadelphia Law Department, Mr. Kardon began representing injured persons and families in claims for harm suffered in long term care. He is a member of the Philadelphia Trial Lawyers Association, the Pennsylvania Association of Justice and the American Association of Justice, for which he has served on the Executive Committee and Chair of the national Nursing Homes Litigation Group. Mr. Kardon is a frequent lecturer throughout the country on long term care neglect and abuse. He has been selected for inclusion in Pennsylvania Super Lawyers® every year since 2012.
John A. Anthony, Esq.
For over 35 years, John has been a lawyer in private practice, focused primarily on the representation of financial institutions. With undergraduate and law degrees from Georgetown University, John spent the majority of his career at a large law firm, serving as a Creditors’ Rights department chairman from 1993 through 2009. In the face of the Great Recession, John joined with Stephenie Anthony to found A&P to better serve financial institutions. John’s Tampa-based career focuses on loan enforcement, lender liability, trade secret, and related complex litigation throughout the State of Florida. John’s bankruptcy practice focuses on representation of financial institutions in all districts and divisions of Florida, as well as other states. For 3 decades, John has been rated by the universally recognized Martindale-Hubbell attorney rating system at the highest level for both proficiency and ethics. He also regularly appears on Florida Trend’s “Legal Elite” and Super Lawyers magazine. He is a regular lecturer to bankers, lawyer organizations, and law school students on matters pertaining to the representation of financial institutions in loan enforcement and bankruptcy contexts.
Matthew P. Keris, Esq.
Matthew Keris has defended health care providers, businesses and device manufacturers in civil litigation for more than two decades. He is a shareholder in the Health Care Department and Chair of the Electronic Medical Record and Audit Trail Practice Group at Marshall Dennehey. He had the privilege of trying the first Pennsylvania civil jury trial to verdict during the COVID-19 Pandemic in July 2020. Matt has provided legal commentary for a number of organizations including NBC News, Thomson Reuters, the American Society for Healthcare Risk Management, The Legal Intelligencer, Law 360, ED Legal Letter, Risk Review, Litigation Management, Counterpoint and Becker’s Hospital Review. Matt also serves as an editor of the health risk management journal, Patient Safety. Matt currently serves on the advisory committee of American Legal Connections (ALC) and serves as a co-editor of its’ newsletter. He has previously served as President of the DRI Foundation, Pennsylvania Defense Institute (PDI) and the Pennsylvania Association for Health Care Risk Management. He also previously served on the Board of Directors of both DRI and PDI. In 2023, Matt was the recipient of the DRI Foundation Community Service Award, which honors a DRI member who has demonstrated a commitment to the well-being of the general public by initiating or participating in programs which have a positive impact on the community. He is a graduate of Roger Williams University School of Law (J.D.) and Shippensburg University of Pennsylvania (B.A., cum laude.) He is licensed to practice in Pennsylvania, Connecticut, and New York, and before the U.S. District Court Middle District of Pennsylvania, U.S. District Court Northern District of New York and U.S. Supreme Court.
Ernest C. Tosh
Ernest Tosh attended Texas Tech University and received a bachelor’s degree in Finance in 1987. He then attended Texas Tech University School of Law and received his Juris Doctorate in 1990. Upon graduating from law school, Ernest moved to the Dallas/Ft. Worth area to work for the Tarrant County District Attorney’s Office. Ernest worked there until 1993, at which time he entered private practice. Now leading the Tosh Law Firm, Ernest limits his practice to nursing home abuse and neglect cases. Ernest regularly consults with attorneys throughout the United States on cases involving nursing home neglect and abuse. He is available to practice in any state on a case by case basis. Ernest has extensive trial experience; having tried over 150 jury trials to verdict and has recovered millions of dollars from nursing homes that take advantage of our elderly. Ernest is a member of the American Association for Justice and the American Association for Justice Nursing Home Litigation Group. Ernest is also a member of the American Bar Association and the Texas Trial Lawyers Association. Ernest is a frequent lecturer on forensic accounting in nursing home litigation and has testified numerous times as an expert in this area, including testifying before congress.

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