SNF faces appeal over wrongful death suit, resident’s competency to sign arbitration agreement … New variant seen in U.S. killed seven vaccinated residents at European nursing home … Mask misuse...
Third time wasn’t the charm for nursing home arbitration agreement, court says
Aug 05, 2019
A nursing home’s practice of presenting an arbitration agreement to each new resident, even if he or she was admitted before, had the effect of nullifying previous agreements, allowing a widow to sue...
Arbitration clauses in nursing home final rule getting federal scrutiny
Aug 19, 2016
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...
Sep 16, 2014
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,...
Nursing home arbitration agreements force consumers to ‘sign away legal rights,’ trial lawyers...
Oct 31, 2013
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
James M. Berklan
Mar 02, 2013
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
Feb 28, 2013
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...
West Virginia courts incorrectly applied federal law in nursing home arbitration cases, U.S. Supreme...
Feb 22, 2012
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
Jun 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
Apr 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...