On October 30, 2020, a Tennessee nursing home claim arbitrator awarded $225,000 for the pain and suffering sustained by an 88-year-old nursing home resident who suffered a brain injury and died five days later as a result of a fall… Read More
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New York Appellate Court Refuses To Enforce Nursing Home Arbitration Agreement
The New York Appellate Division, Second Department (“New York Appellate Court”), in its decision dated November 4, 2020, refused to enforce a nursing home arbitration agreement, stating that the nursing home “failed to demonstrate that the resident, or William as… Read More
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Chancellor Senior Management, Ltd Loses Bid To Force Arbitration Of Assisted Living Class Action Claims
In 2016, the plaintiff filed a proposed class action lawsuit against Chancellor Senior Management, Ltd (“Chancellor”) alleging that Chancellor, which owned, operated, managed and controlled four senior living communities in the State of West Virginia consisting of multiple assisted living… Read More
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New Mexico Appellate Court Refuses To Enforce Nursing Home Arbitration Agreement
The Court of Appeals of New Mexico (“New Mexico Appellate Court”) held in its unreported opinion filed on May 13, 2020,”Defendants argue that the district court erred in denying their motion to compel arbitration because Mrs. Rosenquist had express or implied… Read More
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Indiana Appellate Court Holds Arbitration Agreement Trumps Indiana Medical Malpractice Act
The Court of Appeals of Indiana (“Indiana Appellate Court”), in its opinion filed on September 2, 2020, held in an Indiana medical malpractice wrongful death case where the parties had agreed at the time the decedent was admitted to the… Read More
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New Jersey Appellate Court Enforces Arbitration Of Nursing Home Injury Claim
The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”), in its opinion dated March 3, 2020, affirmed the trial court’s order requiring that a New Jersey nursing home injury claim be arbitrated pursuant to an arbitration agreement… Read More
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California Appellate Court Denies Enforcement Of Nursing Home Arbitration Agreement Signed By Temporary Conservators
The Court of Appeal of the State of California Fourth Appellate District Division Three (“California Appellate Court”) stated in its published opinion dated August 10, 2020 in a case where the defendant nursing home attempted to compel arbitration of the… Read More
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South Carolina Appellate Court Denies Residential Care Facility’s Motion to Compel Arbitration Of Granddaughter’s Claims Arising From Her Discovery Of Alligator-Dismembered Grandmother’s Remains
The South Carolina Court of Appeals (“South Carolina Appellate Court”), in its opinion dated July 29, 2020, held: “We conclude Appellants may not use equitable estoppel to bind Weaver to the arbitration provision. Because no valid arbitration agreement existed between… Read More
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North Carolina Appellate Court Finds Nursing Home Arbitration Agreement Ambiguous
In its opinion dated April 21, 2020, the Court of Appeals of North Carolina (“North Carolina Appellate Court”) stated, “here the admission agreement’s clause expressly reserving the right to a bench trial cannot be read in harmony with the arbitration… Read More
