Arbitration Agreeement

Top 10 ways to avoid litigation

Top 10 ways to avoid litigation

In nursing home lawsuits, plaintiffs are often unhappy family members of residents who have experienced falls, pressure wounds, unexplained injuries or death. In our practice defending long-term care facilities, we have identified some relatively simple and straightforward actions that nursing homes can take to avoid litigation.

Ruling: State courts cannot treat nursing home arbitration agreements differently than other contracts

Ruling: State courts cannot treat nursing home arbitration agreements differently than other contracts

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State courts do not have the authority to categorize nursing home arbitration agreements differently than other contracts, the New Mexico Supreme Court recently ruled. The decision sets up a fight over whether a nursing home's specific arbitration agreement violated state law.

Nebraska Supreme Court rules for plaintiff in nursing home arbitration case

Nebraska Supreme Court rules for plaintiff in nursing home arbitration case

The son of a nursing home resident who allegedly was injured because of negligence did not have the authority to sign a voluntary arbitration agreement on her behalf. As a result, he was not bound by the arbitration agreement, according to a recent state Supreme Court ruling.

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