nursing home arbitration agreement Archives - Page 3 of 7

New Mexico Appellate Court Refuses To Enforce Nursing Home Arbitration Agreement

October 12, 2020

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 authority to sign the[...]

New Jersey Appellate Court Enforces Arbitration Of Nursing Home Injury Claim

October 6, 2020

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 signed by the resident&#[...]

California Appellate Court Denies Enforcement Of Nursing Home Arbitration Agreement Signed By Temporary Conservators

September 12, 2020

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 plaintiffs’ nursing home ne[...]

North Carolina Appellate Court Finds Nursing Home Arbitration Agreement Ambiguous

July 24, 2020

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 agreement’s clause express[...]

New Mexico Supreme Court Holds Nursing Home Arbitration Agreement Was Substantively Unconscionable

June 17, 2020

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 to arbitrate its l[...]

Pennsylvania Appellate Court Enforces Nursing Home Arbitration Agreement

June 9, 2020

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 indicates that this is not[...]

New Jersey Appellate Court Refuses To Compel Arbitration Of Nursing Home Claim

April 24, 2020

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 Charmaine [the n[...]

Arkansas Appellate Court Refuses To Enforce Nursing Home Arbitration Agreement

March 4, 2020

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 negligence claims fil[...]

Pennsylvania Superior Court Refuses To Enforce Nursing Home Arbitration Agreement

February 25, 2020

The Superior Court of Pennsylvania, in its opinion filed on February 6, 2020, held, in a case in which a nursing home was seeking to enforce an arbitration agreement signed by the resident’s wife with regard to negligence claims against the nursing home, “The trial court concluded, and w[...]

Arizona Appellate Court Rules Claim For Fall From Wheelchair Not Subject To Nursing Home Arbitration Agreement

February 14, 2020

The Arizona Court of Appeals Division One (“Arizona Appellate Court”) ruled in its decision dated January 28, 2020: “Plaintiffs’ claims are not for “medical malpractice” under the arbitration agreement because pushing a wheelchair from breakfast is not a “medical service”[...]

New Jersey Appellate Court Affirms Denial Of Arbitration Of Nursing Home Claim

November 22, 2019

In its decision dated October 23, 2019, the Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) held: “Because it is undisputed that the arbitration agreement was mixed in with a number of other admission documents, it was not explained to Ricciardi [the [...]

Federal Appellate Court Affirms Nursing Home Had No Right To Compel Arbitration Where Third Arbitration Agreement Not Signed By The Resident

September 5, 2019

The United States Court of Appeals for the Sixth Circuit (“Federal Appellate Court”) held in its opinion filed on August 5, 2019, in a case where a nursing home was attempting to compel arbitration of the nursing home negligence claims involving the resident’s third and final perio[...]

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