Arbitration Agreement

Arbitration clauses in nursing home final rule getting federal scrutiny

Arbitration clauses in nursing home final rule getting federal scrutiny

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The future of nursing home arbitration agreements is under scrutiny by the Office of Management and Budget as part of its nursing home final-rule review.

Nursing homes can't carve out billing, collections in arbitration agreements, AR Supreme Court rules

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A nursing home arbitration agreement largely reserved the provider's rights to sue residents while limiting residents' legal options, causing it to fail a "mutual obligation" requirement, the Arkansas Supreme Court recently ruled .

Nursing home arbitration agreements force consumers to 'sign away legal rights,' trial lawyers argue

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Arbitration agreements in long-term care contracts are harming consumers and eroding the U.S. civil justice system, according to a prominent association of trial lawyers.

High court puts arbitration agreements back into play

High court puts arbitration agreements back into play

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If the U.S. Supreme Court thought it had the final word on the validity of certain nursing home admissions arbitration agreements in 2012, well, it was wrong.

Nursing home operator petitions Supreme Court to rule on arbitration in wrongful death cases

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The U.S. Supreme Court may again weigh in on arbitration agreements in nursing homes. Nursing home company SSC Odin Operating Co. recently filed a writ of certiorari asking the nation's highest court to resolve a question on the matter.

West Virginia courts incorrectly applied federal law in nursing home arbitration cases, U.S. Supreme Court rules

The West Virginia Supreme Court must re-examine a major ruling that make nursing home arbitration agreements invalid, according to a U.S. Supreme Court decision Tuesday.

Court: Mental incapacitation not a factor in signing nursing home arbitration agreement

Court: Mental incapacitation not a factor in signing nursing home arbitration agreement

A Kentucky federal court ruled Monday that an arbitration agreement signed by a nursing home resident is enforceable, even though the 74-year-old woman said she suffered from a major mental disorder.

Federal law trumps state in use of nursing home arbitration agreements, Illinois high court rules

The Federal Arbitration Act (FAA) preempts a provision in the Illinois Nursing Home Care Act (NHCA) that prohibits the use of arbitration agreements in cases against nursing homes, the Illinois Supreme Court ruled Thursday.

Alabama high court upholds nursing home arbitration agreement that daughter signed

The Alabama Supreme Court recently ordered the estate of a woman injured during her stay at a nursing home to settle its dispute through arbitration. It determined that the woman "passively permitted" her daughter to sign an arbitration agreement on her behalf.

Change of arbitrator doesn't necessarily void nursing home agreement, court rules

If an arbitrator specifically designated by an arbitration agreement contract is not available, an arbitration clause may still be enforceable, a federal district court decision suggests.

Proxies cannot sign nursing home arbitration agreements, Colorado court rules

A Colorado court recently ruled that a healthcare proxy does not have the authority to sign an arbitration agreement on behalf of a nursing home resident.