New arbitration rule doesn’t have much of a silver lining
By
John O'Connor
Oct 03, 2016
Any way you slice it, last week was a rough one for long-term care operators.
More frivolous lawsuits ahead? You can bank on it
By
John O'Connor
May 09, 2016
Eldercare service providers would be well advised to watch proposed arbitration rules that have been aimed primarily at banks — for now.
Court honors unsigned arbitration agreement
By
John Hall
May 18, 2015
Pennsylvania nursing home resident who sued for neglect was recently ordered by a federal judge to submit to binding arbitration instead, even though the document authorizing it was not signed by a facility...
Federal judge sends nursing home’s libel lawsuit against law firm back to state court
By
John Hall
Apr 14, 2015
A U.S. District Court judge recently sent a lawsuit between a Mississippi law firm and an Ohio nursing home back to state court after determining the law firm failed to show sufficient evidence that the...
Appeal sought after ruling on arbitration clauses
Apr 03, 2015
Plaintiffs in a negligent death lawsuit are asking the Texas Supreme Court to reconsider its recent ruling giving providers more leeway in forcing arbitration over alleged negligent care.
Supreme indifference
By
John O'Connor
Aug 01, 2014
It has been said that we are the residue of our choices. If that’s true, what should we make of the Supreme Court these days?
Supreme Court declines Extendicare’s appeal to review arbitration case
By
Elizabeth Newman
Jul 03, 2014
The U.S. Supreme Court has rejected a petition from Extendicare Homes to review a conflict over an arbitration agreement and wrongful death lawsuit.
Ruling: State courts cannot treat nursing home arbitration agreements differently than other contracts
By
Tim Mullaney
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...
Petition seeks clarity on arbitration
By
McKnight's Staff
Apr 01, 2013
Nursing home company SSC Odin Operating Co. has asked the U.S. Supreme Court to again weigh in on arbitration agreements.
Ask the legal expert … about arbitration agreements
By
John Durso
Apr 01, 2013
It seems like every time I see a news item about arbitration agreements being signed by a resident/patient’s surrogate or relative, some judges rules it invalid or unenforceable. Are they ever valid?...