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 representative.
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 amount of alleged damages warranted the matter being in federal court.
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 whether a nursing home’s specific arbitration agreement violated state law.
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? Must we always get the resident/patient to sign for himself or herself, or is that just strongly recommended?