Arbitration Agreement

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

June 23, 2011

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

April 20, 2010

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

April 14, 2010

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

February 10, 2010

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

December 08, 2009

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.