Arbitration Agreements Archives - Page 4 of 11

Georgia Appellate Court Finds Son Not Authorized To Sign Nursing Home Arbitration Agreement For Father

July 16, 2021

The Court of Appeals of Georgia (“Georgia Appellate Court”) held in its opinion dated June 25, 2021, “Because we conclude that Jobe lacked the authority to sign the Arbitration Agreement on Ronald’s behalf, we reverse the trial court’s order compelling arbitration.” The U[...]

Kaiser Foundation Health Plan Reports On Medical Malpractice Arbitrations In 2020

July 9, 2021

The Kaiser Foundation Health Plan’s Office of the Independent Administrator (OIA) recently issued its annual report for 2020 regarding the mandatory arbitration system between Kaiser Foundation Health Plan, Inc., or its affiliates (Kaiser), and its members. The OIA received 490 demands for arb[...]

AAJ Report: “Where White Men Rule: How the Secretive System of Forced Arbitration Hurts Women and Minorities”

June 23, 2021

This month (June 2021) the American Association for Justice (AAJ) issued a report entitled “Where White Men Rule: How the Secretive System of Forced Arbitration Hurts Women and Minorities” that stated, “While federal and state judiciaries have struggled for years with the lack of r[...]

Georgia Appellate Court Refuses To Enforce Hospital Arbitration Agreement

June 17, 2021

The Court of Appeals of Georgia (“Georgia Appellate Court”) stated in its opinion dated June 2, 2021: “what if—as in this case—a patient signs an indefinite arbitration agreement during one visit, later seeks admission for additional or other healthcare services, is represented[...]

Kaiser’s Medical Malpractice Arbitration Win Overturned Due To Arbitrator’s Ex Parte Joke About The Claimant

May 7, 2021

The California Court of Appeal, Fourth Appellate District Division One held in its unpublished opinion filed on April 19, 2021: “The arbitrator committed misconduct on several levels. At least one requires vacating the arbitration award. A neutral arbitrator has a continuing duty to disclose a[...]

Pennsylvania Appellate Court Affirms Nursing Home Arbitration Agreement Was Unconscionable

April 29, 2021

In denying a nursing home’s motion to enforce an arbitration against one of its residents, the Superior Court of Pennsylvania (“Pennsylvania Appellate Court”) stated in its non-precedential Decision field on March 5, 2021: “the Facility offered a classic contract of adhesion [...]

South Carolina Supreme Court Refuses To Enforce Assisted Living Facility Arbitration Agreement

March 28, 2021

The Supreme Court of South Carolina, in its opinion dated March 10, 2021, held: “Under the facts of this case, neither the GDPOA [General Durable Power of Attorney] nor the HCPOA [Health Care Power of Attorney] granted Arredondo authority to execute the arbitration agreement. Therefore, we rev[...]

Mississippi GI Doctor And Clinic Ordered To Pay Over $6.1M To Medical Malpractice Victim

February 10, 2021

Mississippi’s The Clarion Ledger reported that on January 14, 2021, a Hinds County, Mississippi judge ordered Dr. Ronald Kotfila and the GI Associates clinic to pay an arbitrator’s award to a medical malpractice victim that is in excess of $6.1 million because the doctor and clinic had f[...]

$526K Tennessee Nursing Home Arbitration Award For Resident’s Fall Leading To Death

January 22, 2021

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 in her nursing home room, as well as awarding $1,117.32 for funeral [...]

Pennsylvania Appellate Court Refuses To Enforce Nursing Home Arbitration Agreement Signed By Resident’s Spouse At Time Of Discharge

December 26, 2020

The Superior Court of Pennsylvania, in its non-precedential opinion filed on November 18, 2020, refused to enforce a nursing home arbitration agreement signed by the resident’s spouse at the time of her husband’s discharge from the nursing home, holding “we conclude that the trial [...]

New York Appellate Court Refuses To Enforce Nursing Home Arbitration Agreement

November 26, 2020

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 her representative[...]

Chancellor Senior Management, Ltd Loses Bid To Force Arbitration Of Assisted Living Class Action Claims

November 4, 2020

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 livin[...]

« 1 2 3 4 5 6 7 8 9 … 11 »

Category: Arbitration Agreements