Arbitration Agreements Archives - Page 10 of 11

Nursing Home Pre-Dispute Arbitration Agreements: Good For Business, Bad For Residents

August 15, 2015

Nursing homes throughout the United States are increasingly including pre-dispute arbitration agreements in admission documents at the time that nursing homes residents are admitted into the nursing home. When a loved one is admitted into a nursing home, either for short-term physical rehabilita[...]

Florida Nursing Home Arbitration Proceeding Ends In Arbitrators Being Sued

April 28, 2015

Arbitrators who decided a nursing home negligence case in Florida allegedly received “secret documents” from the lawyer for the nursing home during the discovery process in the arbitration proceeding. The plaintiff in the arbitration proceeding is seeking her arbitration costs from [...]

Oklahoma Supreme Court Refuses To Enforce Nursing Home Arbitration Agreement

November 27, 2014

In its decision reached on November 25, 2014, the Supreme Court of the State of Oklahoma (“Oklahoma Supreme Court”) ruled that the nursing home resident’s granddaughter did not have authority to sign the nursing home arbitration agreement on behalf of her grandmother, and that the[...]

Arkansas Appeals Court Rejects Nursing Home’s Attempt To Compel Arbitration

November 20, 2014

On November 19, 2014, the Arkansas Court of Appeals (“Appeals Court”) affirmed the trial court’s denial of a nursing home’s motion to compel arbitration of medical negligence and wrongful death claims filed by the deceased resident’s wife on behalf of his estate regardi[...]

Pennsylvania Trial Court Finds Nursing Home Arbitration Agreement Unconscionable

October 19, 2014

In his October 3, 2014 written opinion, a Pennsylvania trial judge held that a nursing home’s arbitration agreement was unconscionable because the agreement was so one-sided, violated public policy, was misleading, was confusing, and that some of the provisions were overreaching. The arbitra[...]

Arkansas Supreme Court Refuses To Enforce Nursing Home Arbitration Agreement

September 28, 2014

On September 11, 2014, the Supreme Court of Arkansas (“Arkansas Supreme Court”) issued its opinion in a case where an Arkansas nursing home attempted to enforce the arbitration agreement it placed in the admission documents for a nursing home resident. The nursing home attempted to comp[...]

Statistics Regarding Nursing Home Arbitration Agreements

March 5, 2014

Nursing homes are increasingly incorporating arbitration agreements into admission documents signed by incoming residents that require claims arising out of the care (or the lack of care) at the nursing home to be arbitrated instead of being filed in court and tried before a jury. By agreeing ah[...]

Supreme Court Of Florida Rejects Arbitration Agreement In Medical Malpractice Case

August 4, 2013

In its decision filed on June 20, 2013, the Supreme Court of Florida (“Florida Supreme Court”) held that an agreement to arbitrate a medical malpractice claim against a Florida surgeon was unenforceable. The patient had signed a “Financial Agreement” prior to his surgery t[...]

Alabama Supreme Court Decision Rejects Nursing Home Arbitration Agreement

March 27, 2013

On March 22, 2013, the Supreme Court of Alabama (“Alabama Supreme Court”) issued its decision in a case contesting whether a nursing home resident’s representative (one of the daughters of the nursing home resident) bound her father’s nursing home malpractice claim to be ar[...]

Florida Supreme Court Binds Deceased Nursing Home Resident’s Heirs To Arbitration Agreement

February 17, 2013

In its decision issued on February 14, 2013, the Supreme Court of Florida held that an arbitration provision in an otherwise valid contract binds the signing party’s estate and heirs in a subsequent wrongful death case, finding that the nature of wrongful death actions in Florida is derivative a[...]

West Virginia Supreme Court Refuses To Enforce Nursing Home’s Arbitration Agreement

February 4, 2013

By its decision filed on January 24, 2013, the Supreme Court of Appeals of West Virginia (“Supreme Court”) refused a nursing home’s attempt to enforce an agreement to arbitrate a nursing home resident’s nursing home malpractice case. The Supreme Court held, “West Virgi[...]

Pennsylvania Superior Court Denies Arbitration For Nursing Home Wrongful Death Claim

November 21, 2012

According to a wrongful death claim filed in Pennsylvania, a nursing home resident had a scheduled appointment on November 3, 2010 with her treating physician for which the nursing home provided her with transportation. The nursing home’s “transporter” pushed the resident in a [...]

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Category: Arbitration Agreements