In Bernstein v. Extendicare Health Service, Inc., Steve Rau served as local counsel for Lane Powell and assisted in coordinating the strategy that resulted in a dismissal of a putative class action brought on behalf of the three nursing home representatives. In that matter plaintiffs asserted violation of the Prevention of Consumer Fraud Act, Minn. Stat. §§ 325F.68-70, the Deceptive Trade Practice Act, Minn. Stat. §§ 325D.43-48 and the False Statement in Advertisement law Minn. Stat. § 325F.67. Even though Plaintiffs filed an amended complaint on the eve of the hearing on the motion to dismiss, the Court dismissed the action and held that a consumer protection class action did not lie on the facts alleged in either version of Plaintiffs' Complaint.