Arbitration Agreements Archives - Page 7 of 11

U.S. Supreme Court Decides Threshold Arbitrability Question To Be Decided By The Arbitrator, Not The Court

January 9, 2019

The U.S. Supreme Court held in its opinion filed on January 8, 2019: “Under the Federal Arbitration Act, parties to a contract may agree that an arbitrator rather than a court will resolve disputes arising out of the contract. When a dispute arises, the parties sometimes may disagree not only [...]

Alabama Supreme Court Refuses To Compel Arbitration In Nursing Home Death Case

October 22, 2018

The Supreme Court of Alabama (“Alabama Supreme Court”) held in its opinion filed on October 5, 2018 that the daughter of a resident of the defendant nursing home did not have the authority to bind her father to the arbitration agreement contained in the nursing home admission documents, [...]

Iowa Appellate Court Affirms Nursing Home Waived Its Right To Arbitrate Negligence Claims

September 1, 2018

The Court of Appeals of Iowa (“Iowa Appellate Court”) held in its decision filed on July 5, 2018 that the district court did not err in determining (1) it was to decide the issue of whether the defendants waived their right to arbitration based on their litigation conduct and (2) under t[...]

West Virginia Supreme Court Enforces Nursing Home Arbitration Agreement Signed By Successor Attorney-In-Fact

August 25, 2018

The Supreme Court of Appeals of West Virginia (“West Virginia Supreme Court”) held in its opinion filed on May 30, 2018 that a successor attoney-in-fact appointed in a durable power of attorney (“DPOA”) executed by a nursing home resident may bind the resident to an arbitrati[...]

Nebraska Supreme Court Affirms Trial Court’s Refusal To Compel Arbitration Of Nursing Home Claim

July 11, 2018

The Nebraska Supreme Court held in its opinion filed on June 15, 2018 that: (1) in the absence of a contractual provision evidencing clear and unmistakable intent to the contrary, the issue of whether an arbitration agreement is enforceable is for a court to decide and not an arbitrator, and (2) the[...]

Colorado Supreme Court Applies Substantial Compliance Standard In Enforcing Nursing Home Arbitration Agreement

July 5, 2018

A divided Colorado Supreme Court held in its opinion filed on June 11, 2018 that despite the defendant nursing home’s failure to strictly comply with the Colorado statute requiring that notice regarding nursing home arbitration agreements be emphasized by at least ten-point font and bold-faced[...]

New Jersey Appellate Court Refuses To Enforce Nursing Home Arbitration Agreement Based On Equitable Estoppel

June 12, 2018

The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) refused to enforce an arbitration agreement in a New Jersey nursing home wrongful death action. In its unpublished opinion filed on May 21, 2018, the New Jersey Appellate Court held that there is no eviden[...]

Kentucky Appellate Court Refuses To Enforce Nursing Home Arbitration Agreement

May 25, 2018

In its opinion rendered on May 4, 2018, the Commonwealth of Kentucky Court of Appeals (“Kentucky Appellate Court”) held: ” … [the defendant nursing home] failed to meet its burden of establishing the existence of a valid and enforceable arbitration agreement. The partial agre[...]

Pennsylvania Appellate Court Affirms Nursing Home Resident’s Negligence Claim Not Subject To Arbitration

April 12, 2018

The Superior Court of Pennsylvania (“Pennsylvania Appellate Court”) held in its March 29, 2018 Memorandum opinion that “we find no error in the trial court’s finding that there was no agency, and hence, no binding agreement to arbitrate [the plaintiff’s nursing home neglige[...]

California Appellate Court Refuses To Enforce Arbitration Of Nursing Home Claims

March 18, 2018

In its decision filed on February 26, 2018, the Court of Appeal of the State of California Fourth Appellate District Division Three (“California Appellate Court”) affirmed the order of the trial court that denied the defendant nursing home’s petition to compel arbitration as to the[...]

Ohio Appellate Court Refuses To Enforce Arbitration In Medical Malpractice Case

March 11, 2018

The Court of Appeals of Ohio Third Appellate District Allen County (“Ohio Appellate Court”), in its decision filed on February 20, 2018, held that the defendant hospital in an Ohio medical malpractice case had waived its right to arbitrate the plaintiff’s medical malpractice claims[...]

Wyoming Supreme Court Requires Arbitration Of Nursing Home Negligence Claim

November 26, 2017

The Supreme Court, State of Wyoming (“Wyoming Supreme Court”) issued an opinion on October 12, 2017 in which it held that a Wyoming nursing home resident’s daughter had the authority to sign the nursing home’s optional arbitration agreement on behalf of her mother by virtue o[...]

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Category: Arbitration Agreements