Arbitration Agreements Archives - Page 9 of 11

Iowa Supreme Court: Adult Children’s Loss Of Consortium Claims Not Subject To Arbitration In Nursing Home Case

October 27, 2016

In its decision filed on October 21, 2016, the Supreme Court of Iowa (“Iowa Supreme Court”) held that under Iowa law, adult children’s loss-of-consortium claims are not arbitrable just because the wrongful-death action is otherwise arbitrable in a nursing home case where the nursing [...]

Florida Supreme Court Refuses To Enforce Nursing Home Arbitration Agreement

October 2, 2016

The issue decided by the Supreme Court of Florida (“Florida Supreme Court”) in its written opinion filed on September 22, 2016 was whether the father who became a resident of the defendant Florida nursing home is bound by an arbitration clause in the nursing home contract signed by his[...]

Colorado Appellate Court Requires Nursing Homes To Strictly Comply With Arbitration Statute

October 1, 2016

In its decision filed on September 8, 2016, the Colorado Court of Appeals (“Appellate Court”) held that in deciding the enforceability of an agreement to arbitrate under the Health Care Availability Act (“HCAA”), the test is strict compliance (rather than substantial compl[...]

New Federal Rule Prohibits Pre-Dispute Nursing Home Arbitration Agreements

September 29, 2016

The U.S. Department of Health and Human Services Centers for Medicare & Medicaid Services (CMS) issued its final rule on September 19, 2016 that prohibits nursing homes in the United States that participate in the Medicare and Medicaid programs from entering into binding pre-dispute arbitration[...]

Maryland Appellate Court Refuses To Compel Wrongful Death Beneficiary To Arbitrate Nursing Home Claim

July 29, 2016

In its reported opinion filed on July 28, 2016, the Court of Special Appeals of Maryland (“Appellate Court”), which is Maryland’s intermediate appellate court, refused to compel the wrongful death beneficiary to arbitrate her Maryland wrongful death claim against a Maryland nursi[...]

New Jersey Appellate Court Refuses To Enforce Nursing Home Arbitration Agreement

July 23, 2016

On June 9, 2016, the Superior Court of New Jersey Appellate Division (“Appellate Court”) issued a published opinion in which it reversed the trial court’s order requiring the parties to arbitrate the plaintiff’s nursing home negligence claims, holding that the arbitration pr[...]

South Carolina Appeals Court Affirms Refusal To Compel Arbitration In Nursing Home Case

March 13, 2016

In its opinion filed on March 2, 2016, the South Carolina Court of Appeals (“Appellate Court”) affirmed the lower court’s denial of the defendant nursing home’s motion to compel arbitration regarding the plaintiff’s wrongful death and survival action arising out the n[...]

Arkansas Supreme Court Orders Arbitration In Nursing Home Case

March 12, 2016

In its opinion filed on February 18, 2016, the Supreme Court of Arkansas (“Arkansas Supreme Court”) overturned a lower court’s decision that the nursing home negligence claims brought by the plaintiff were not subject to arbitration pursuant to an arbitration agreement signed by t[...]

Federal Appellate Court Affirms Kentucky Wrongful Death Claimants Not Bound By Nursing Home Arbitration Agreement

February 26, 2016

In its decision filed on January 15, 2016, the United States Court of Appeals For The Sixth Circuit (“Appellate Court”) affirmed that the wrongful death beneficiaries who filed a nursing home wrongful death claim in Kentucky were not bound by the nursing home arbitration agreement signed[...]

PA Supreme Court Refuses To Enforce Nursing Home Arbitration Agreement

November 11, 2015

In its opinion filed on October 27, 2015, the Supreme Court of Pennsylvania Middle District (“the Court”) upheld the lower court’s refusal to enforce a nursing home arbitration agreement because the arbitration agreement expressly relied, as part of an essential term, upon the Na[...]

16 State Attorneys General Voice Opposition To Pre-Dispute Nursing Home Arbitration Agreements

October 28, 2015

Sixteen state attorneys general in the United States have written to the Centers for Medicare and Medicaid Services, voicing their opposition to pre-dispute nursing home arbitration agreements, stating that “pre-dispute binding arbitration agreements are harmful to residents of long-term care[...]

Kentucky Supreme Court Denies Enforcement Of Pre-Dispute Arbitration Agreements In Three Nursing Home Cases

October 7, 2015

In its opinion filed on September 24, 2015 in three consolidated cases involving the alleged wrongful death of three nursing home residents due to nursing home negligence, the Supreme Court of Kentucky (“Kentucky Supreme Court”) held that in two of the cases, the authority to enter in[...]

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Category: Arbitration Agreements