Arbitration Agreements Archives - Page 6 of 11

Arizona Appellate Court Rules Claim For Fall From Wheelchair Not Subject To Nursing Home Arbitration Agreement

February 14, 2020

The Arizona Court of Appeals Division One (“Arizona Appellate Court”) ruled in its decision dated January 28, 2020: “Plaintiffs’ claims are not for “medical malpractice” under the arbitration agreement because pushing a wheelchair from breakfast is not a “medical service”[...]

California Appellate Court Affirms $6M Nursing Malpractice Arbitration Award

February 5, 2020

The Court of Appeal of the State of California Fourth Appellate District Division Three (“California Appellate Court”) on January 13, 2020 upheld a nursing malpractice arbitration award against a nurse and her employer in the total amount of $6,069,139.72, consisting noneconomic damages [...]

Nursing Home Insurer Admits Arbitration Agreements Financially Benefit Nursing Homes By Reducing Claims

December 4, 2019

HealthCap Risk Management & Insurance (“HealthCap”), which is “an insurer solely dedicated to senior care communities,” posted a video discussing arbitration agreements in nursing home admission documents, seemingly unaware that it was admitting that forced arbitration o[...]

New Jersey Appellate Court Affirms Denial Of Arbitration Of Nursing Home Claim

November 22, 2019

In its decision dated October 23, 2019, the Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) held: “Because it is undisputed that the arbitration agreement was mixed in with a number of other admission documents, it was not explained to Ricciardi [the [...]

Federal Appellate Court Affirms Nursing Home Had No Right To Compel Arbitration Where Third Arbitration Agreement Not Signed By The Resident

September 5, 2019

The United States Court of Appeals for the Sixth Circuit (“Federal Appellate Court”) held in its opinion filed on August 5, 2019, in a case where a nursing home was attempting to compel arbitration of the nursing home negligence claims involving the resident’s third and final perio[...]

Federal Appellate Court Overturns Order Compelling Arbitration In Nursing Home Wrongful Death Case

August 8, 2019

The United States Court of Appeals for the Eighth Circuit (“Federal Appellate Court”) overturned the district court’s order compelling arbitration of the plaintiff’s nursing home wrongful death claim, stating in its opinion filed on July 23, 2019, “based on this record,[...]

Pennsylvania Appellate Court Affirms Nursing Home Abitration Agreement Not Enforceable Against Visually Impaired Resident

July 30, 2019

The Superior Court of Pennsylvania (“Pennsylvania Appellate Court”), in a non-precedential decision filed on July 16, 2019, stated that there was “clear and convincing evidence that [a Pennsylvania nursing home resident] did not knowingly and voluntarily agree to arbitrate his disp[...]

CMS Issues Final Rule Regarding Nursing Home Arbitration Agreements

July 19, 2019

On July 18, 2019, the U.S. Department of Health and Human Services Centers for Medicare & Medicaid Services (“CMS”) published its final rule regarding arbitration agreements in nursing home admission documents. According to CMS, “This final rule amends the requirements that Lon[...]

Maryland Appellate Court Finds Nursing Home Arbitration Agreement Unconscionable

June 30, 2019

In its reported opinion filed on June 27, 2019, the Court of Special Appeals of Maryland (“Maryland Appellate Court”) held a nursing home arbitration agreement was unconscionable and therefore unenforceable. Arbitration agreements that require the contracting parties to waive their right[...]

South Carolina Appellate Court Affirms Denial Of Nursing Home’s Motion To Compel Arbitration

May 9, 2019

In its opinion dated May 1, 2019, the Court of Appeals of the State of South Carolina (“South Carolina Appellate Court”) affirmed the circuit court’s denial of the defendant nursing home’s motion to compel arbitration of the plaintiff’s nursing home negligence claims (s[...]

California Appellate Court Refuses To Enforce Nursing Home Arbitration Agreement

April 28, 2019

In its unpublished opinion filed on April 12, 2019, the Court of Appeal of the State of California Fourth Appellate District Division Two (“California Appellate Court”) addressed the purported arbitration agreements presented to a California nursing home resident’s daughter at the [...]

U.S. Supreme Court Holds A Court, Not An Arbitrator, Decides If Exception To Federal Arbitration Act Applies

January 18, 2019

In its unanimous opinion filed on January 15, 2019, the U.S. Supreme Court addressed the question, “When a contract delegates questions of arbitrability to an arbitrator, must a court leave disputes over the application of §1’s exception for the arbitrator to resolve?” In answering th[...]

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Category: Arbitration Agreements