nursing home arbitration agreement Archives - Page 2 of 7

Pennsylvania Appellate Court Rules Nursing Home Arbitration Agreement Unconscionable

January 5, 2023

The Superior Court of Pennsylvania (“Pennsylvania Appellate Court”) held in its July 5, 2022 opinion that the defendant nursing home’s arbitration agreement signed by a new resident was unconscionable after a nursing home wrongful death lawsuit was filed by the resident’s dau[...]

Pennsylvania Appellate Court Rules Nursing Home Arbitration Agreement Unconscionable

September 29, 2022

Recoverable Damages In Negligent Reproductive Health Care Cases

Pennsylvania Appellate Court Refuses To Enforce Nursing Home Arbitration Agreement

August 17, 2022

The Superior Court of Pennsylvania (“Pennsylvania Appellate Court”), in its opinion filed on May 27, 2022, refused to enforce a nursing home arbitration agreement between the defendant nursing home and its former resident because the nursing home arbitration agreement directed that the &[...]

Illinois Appellate Court Holds Trial Court Was Required To Hold Hearing On Validity Of Nursing Home Arbitration Agreement

October 30, 2021

In its Order filed on September 30, 2021, the Appellate Court of Illinois First District Fourth Division (“Illinois Appellate Court”) held that where a nursing home resident sued the nurse, nursing home and management company for injuries sustained from a fall, and defendants moved to di[...]

Florida Appellate Court Refuses To Apply Prohibitive Cost Defense In Ordering Nursing Home Arbitration

October 12, 2021

In its opinion filed on August 23, 2021, the First District Court of Appeal State of Florida (“Florida Appellate Court”) stated, “we affirm the trial court’s order compelling the parties to proceed with arbitration. Further, as to whether prohibitive cost can be a stand-alone def[...]

Illinois Appellate Court Requires Arbitration Of Nursing Home Resident’s Death Claim

October 7, 2021

In its Order filed on September 14, 2021, the Appellate Court of Illinois Fourth District (“Illinois Appellate Court”) held in a nursing home negligence case involving the death of a resident in which the nursing home was seeking an order that the claim be arbitrated: “the circumst[...]

Pennsylvania Appellate Court Vacates Nursing Home Survival Action Arbitration Order

August 30, 2021

The Superior Court of Pennsylvania (“Pennsylvania Appellate Court”) stated in its non-precedential Memorandum decision filed on August 5, 2021 in a nursing home survival action, “we vacate the order referring the survival action to arbitration and remand the case to the trial court[...]

Pennsylvania Appellate Court Sends Nursing Home Survival Claim To Arbitration

August 23, 2021

The Superior Court of Pennsylvania (“Pennsylvania Appellate Court”) stated in its non-precedential opinion filed on July 30, 2021 in a nursing home wrongful death case: “there is nothing in the record to indicate the POA Agreement was invalid … Frank thus had express authorit[...]

Georgia Appellate Court Finds Son Not Authorized To Sign Nursing Home Arbitration Agreement For Father

July 16, 2021

The Court of Appeals of Georgia (“Georgia Appellate Court”) held in its opinion dated June 25, 2021, “Because we conclude that Jobe lacked the authority to sign the Arbitration Agreement on Ronald’s behalf, we reverse the trial court’s order compelling arbitration.” The U[...]

Pennsylvania Appellate Court Affirms Nursing Home Arbitration Agreement Was Unconscionable

April 29, 2021

In denying a nursing home’s motion to enforce an arbitration against one of its residents, the Superior Court of Pennsylvania (“Pennsylvania Appellate Court”) stated in its non-precedential Decision field on March 5, 2021: “the Facility offered a classic contract of adhesion [...]

Pennsylvania Appellate Court Refuses To Enforce Nursing Home Arbitration Agreement Signed By Resident’s Spouse At Time Of Discharge

December 26, 2020

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 conclude that the trial [...]

New York Appellate Court Refuses To Enforce Nursing Home Arbitration Agreement

November 26, 2020

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 her representative[...]

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Tag: nursing home arbitration agreement

Pennsylvania Appellate Court Rules Nursing Home Arbitration Agreement Unconscionable

Pennsylvania Appellate Court Rules Nursing Home Arbitration Agreement Unconscionable

Pennsylvania Appellate Court Refuses To Enforce Nursing Home Arbitration Agreement

Illinois Appellate Court Holds Trial Court Was Required To Hold Hearing On Validity Of Nursing Home Arbitration Agreement

Florida Appellate Court Refuses To Apply Prohibitive Cost Defense In Ordering Nursing Home Arbitration

Illinois Appellate Court Requires Arbitration Of Nursing Home Resident’s Death Claim

Pennsylvania Appellate Court Vacates Nursing Home Survival Action Arbitration Order

Pennsylvania Appellate Court Sends Nursing Home Survival Claim To Arbitration

Georgia Appellate Court Finds Son Not Authorized To Sign Nursing Home Arbitration Agreement For Father

Pennsylvania Appellate Court Affirms Nursing Home Arbitration Agreement Was Unconscionable

Pennsylvania Appellate Court Refuses To Enforce Nursing Home Arbitration Agreement Signed By Resident’s Spouse At Time Of Discharge

New York Appellate Court Refuses To Enforce Nursing Home Arbitration Agreement

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