nursing home arbitration agreement Archives - Page 4 of 7

Federal Appellate Court Overturns Order Compelling Arbitration In Nursing Home Wrongful Death Case

August 8, 2019

The United States Court of Appeals for the Eighth Circuit (“Federal Appellate Court”) overturned the district court’s order compelling arbitration of the plaintiff’s nursing home wrongful death claim, stating in its opinion filed on July 23, 2019, “based on this record,[...]

Pennsylvania Appellate Court Affirms Nursing Home Abitration Agreement Not Enforceable Against Visually Impaired Resident

July 30, 2019

The Superior Court of Pennsylvania (“Pennsylvania Appellate Court”), in a non-precedential decision filed on July 16, 2019, stated that there was “clear and convincing evidence that [a Pennsylvania nursing home resident] did not knowingly and voluntarily agree to arbitrate his disp[...]

Maryland Appellate Court Finds Nursing Home Arbitration Agreement Unconscionable

June 30, 2019

In its reported opinion filed on June 27, 2019, the Court of Special Appeals of Maryland (“Maryland Appellate Court”) held a nursing home arbitration agreement was unconscionable and therefore unenforceable. Arbitration agreements that require the contracting parties to waive their right[...]

South Carolina Appellate Court Affirms Denial Of Nursing Home’s Motion To Compel Arbitration

May 9, 2019

In its opinion dated May 1, 2019, the Court of Appeals of the State of South Carolina (“South Carolina Appellate Court”) affirmed the circuit court’s denial of the defendant nursing home’s motion to compel arbitration of the plaintiff’s nursing home negligence claims (s[...]

California Appellate Court Refuses To Enforce Nursing Home Arbitration Agreement

April 28, 2019

In its unpublished opinion filed on April 12, 2019, the Court of Appeal of the State of California Fourth Appellate District Division Two (“California Appellate Court”) addressed the purported arbitration agreements presented to a California nursing home resident’s daughter at the [...]

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 [...]

West Virginia Supreme Court Enforces Nursing Home Arbitration Agreement Signed By Successor Attorney-In-Fact

August 25, 2018

The Supreme Court of Appeals of West Virginia (“West Virginia Supreme Court”) held in its opinion filed on May 30, 2018 that a successor attoney-in-fact appointed in a durable power of attorney (“DPOA”) executed by a nursing home resident may bind the resident to an arbitrati[...]

Nebraska Supreme Court Affirms Trial Court’s Refusal To Compel Arbitration Of Nursing Home Claim

July 11, 2018

The Nebraska Supreme Court held in its opinion filed on June 15, 2018 that: (1) in the absence of a contractual provision evidencing clear and unmistakable intent to the contrary, the issue of whether an arbitration agreement is enforceable is for a court to decide and not an arbitrator, and (2) the[...]

Colorado Supreme Court Applies Substantial Compliance Standard In Enforcing Nursing Home Arbitration Agreement

July 5, 2018

A divided Colorado Supreme Court held in its opinion filed on June 11, 2018 that despite the defendant nursing home’s failure to strictly comply with the Colorado statute requiring that notice regarding nursing home arbitration agreements be emphasized by at least ten-point font and bold-faced[...]

Kentucky Appellate Court Refuses To Enforce Nursing Home Arbitration Agreement

May 25, 2018

In its opinion rendered on May 4, 2018, the Commonwealth of Kentucky Court of Appeals (“Kentucky Appellate Court”) held: ” … [the defendant nursing home] failed to meet its burden of establishing the existence of a valid and enforceable arbitration agreement. The partial agre[...]

Pennsylvania Appellate Court Affirms Nursing Home Resident’s Negligence Claim Not Subject To Arbitration

April 12, 2018

The Superior Court of Pennsylvania (“Pennsylvania Appellate Court”) held in its March 29, 2018 Memorandum opinion that “we find no error in the trial court’s finding that there was no agency, and hence, no binding agreement to arbitrate [the plaintiff’s nursing home neglige[...]

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Tag: nursing home arbitration agreement