The Superior Court of Pennsylvania, in its non-precedential opinion filed on November 18, 2020, refused to enforce a nursing home arbitration agreement signed by the resident’s spouse at the time of her husband’s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… Read More
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New York Appellate Court Refuses To Enforce Nursing Home Arbitration Agreement
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… Read More
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New Mexico Appellate Court Refuses To Enforce Nursing Home Arbitration Agreement
The Court of Appeals of New Mexico (“New Mexico Appellate Court”) held in its unreported opinion filed on May 13, 2020,”Defendants argue that the district court erred in denying their motion to compel arbitration because Mrs. Rosenquist had express or implied… Read More
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New Jersey Appellate Court Enforces Arbitration Of Nursing Home Injury Claim
The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”), in its opinion dated March 3, 2020, affirmed the trial court’s order requiring that a New Jersey nursing home injury claim be arbitrated pursuant to an arbitration agreement… Read More
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California Appellate Court Denies Enforcement Of Nursing Home Arbitration Agreement Signed By Temporary Conservators
The Court of Appeal of the State of California Fourth Appellate District Division Three (“California Appellate Court”) stated in its published opinion dated August 10, 2020 in a case where the defendant nursing home attempted to compel arbitration of the… Read More
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North Carolina Appellate Court Finds Nursing Home Arbitration Agreement Ambiguous
In its opinion dated April 21, 2020, the Court of Appeals of North Carolina (“North Carolina Appellate Court”) stated, “here the admission agreement’s clause expressly reserving the right to a bench trial cannot be read in harmony with the arbitration… Read More
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New Mexico Supreme Court Holds Nursing Home Arbitration Agreement Was Substantively Unconscionable
The Supreme Court of New Mexico (“New Mexico Supreme Court”) held in its opinion dated April 6, 2020 that “an arbitration agreement is facially one-sided when it excludes the drafting party’s likeliest claim from arbitration, but requires the non-drafting party… Read More
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Pennsylvania Appellate Court Enforces Nursing Home Arbitration Agreement
The Superior Court of Pennsylvania (“Pennsylvania Appellate Court”) held in its Memorandum Opinion dated April 16, 2020 with regard to the plaintiff in a nursing home injury case attempting to circumvent arbitration of the claim, “our review of the record… Read More
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New Jersey Appellate Court Refuses To Compel Arbitration Of Nursing Home Claim
The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) held in its decision dated February 26, 2020, “the idiosyncratic facts of this case overwhelmingly support the judge’s conclusion that there was no meeting of the minds between… Read More
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Arkansas Appellate Court Refuses To Enforce Nursing Home Arbitration Agreement
In its opinion filed on February 12, 2020, the Arkansas Court of Appeals Division II (“Arkansas Appellate Court”) refused to enforce an alleged arbitration agreement between a nursing home resident and the defendant nursing home regarding the subsequent nursing home… Read More
