Nursing homes sue administration over new federal arbitration rule
Sep 05, 2019
Two Arkansas nursing facilities are asking a federal court to declare a rule that prohibits long-term care facilities from requiring residents to sign a binding arbitration agreement as a requirement for...
Arbitration win suits providers
James M. Berklan
Jul 06, 2017
The Trump administration announced that it was abandoning an Obama-era rule that would outlaw pre-dispute arbitration agreements, initiating a celebration by long-term care providers.
Top 10 ways to avoid litigation
Davis Frye and Bradley W. Smith
Apr 18, 2014
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,...
Ruling: State courts cannot treat nursing home arbitration agreements differently than other contracts
Jul 10, 2013
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...
Nebraska Supreme Court rules for plaintiff in nursing home arbitration case
Oct 23, 2009
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...