arbitration agreements Archives - Medical Malpractice Lawyers

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[...]

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 [...]

U.S. Supreme Court Reverses Kentucky Supreme Court Decision Regarding Nursing Home Arbitration Agreements

May 17, 2017

The U.S. Supreme Court issued its decision on May 15, 2017 that reversed the Kentucky Supreme Court’s holding in two nursing home arbitration agreement cases that declined to give effect to the two arbitration agreements executed by individuals holding powers of attorney. The Kentucky Supreme [...]

North Carolina Supreme Court Determines Patient’s Arbitration Agreement With Surgeon Was Unenforceable Due To Breach Of Fiduciary Duty

January 30, 2017

In its opinion filed on January 27, 2017, the Supreme Court of North Carolina (“North Carolina Supreme Court”) held that an arbitration agreement provided by a surgeon to a new patient who signed it two weeks before his surgery was unenforceable due to the surgeon’s breach of fi[...]

New Court Decision Regarding Illinois Nursing Home Arbitration Agreements

September 21, 2012

In a written opinion filed on September 20, 2012, the Supreme Court of the State of Illinois (“Illinois Supreme Court”) in a case captioned Sue Carter v. SSC Odin Operating Company, LLC(2012 IL 113204) decided two issues: (1) whether an arbitration agreement between a resident of a [...]

Tag: arbitration agreements

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

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

U.S. Supreme Court Reverses Kentucky Supreme Court Decision Regarding Nursing Home Arbitration Agreements

North Carolina Supreme Court Determines Patient’s Arbitration Agreement With Surgeon Was Unenforceable Due To Breach Of Fiduciary Duty

New Court Decision Regarding Illinois Nursing Home Arbitration Agreements

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