Alternative Dispute Resolution (ADR), Health Law, Commercial Law & Contracts

Shorts on Long Term Care April 2013

by Kenneth L. Burgess, Jennifer G. Parser | Poyner Spruill LLP on 4/10/2013

In this issue: - What’s In A Word? N.C. Court of Appeals Invalidates Nursing Home Arbitration Clause Based on Language of the Agreement - “The Climb” — NC Activities Directors Win National Award for Their Work...more

What's In A Word? N.C. Court of Appeals Invalidates Nursing Home Arbitration Clause Based on Language of the Agreement

by Kenneth L. Burgess | Poyner Spruill LLP on 4/9/2013

Many nursing homes and assisted living communities commonly include arbitration agreements as part of their admission agreement and documents. Typically, these agreements require residents or their legal surrogates to...more

California Supreme Court To Tackle Arbitration, Foreclosures and Peer Review in Upcoming Oral Arguments

by Michael Walsh | Sedgwick LLP on 4/2/2013

In addition to the more typical criminal issues, the oral arguments scheduled for April 3 and 4 in L.A. will also address when to compel arbitration, foreclosure sales and hospital peer review....more

Mediating Non-Compete Disputes in the Medical Device Industry

by Michael Greco | Fisher & Phillips LLP on 3/18/2013

The medical device industry remains a hotbed for non-compete litigation, and the reason is plain and simple. Economic justification. Sales reps develop close relationships with surgeons who purchase millions of dollars worth...more

U.S. Supreme Court Considers Arbitration Clauses and Class Actions Next Year

by Ruth E. Hartman, Ernest Vargo | BakerHostetler on 12/20/2012

The Supreme Court recently granted certiorari to consider Oxford Health Plans’ appeal of a ruling compelling class arbitration with its providers over the insurer’s payment practices....more

Broemmer v. Abortion Services of Phoenix, Ltd. - Arizona’s Curious Contribution to the Law of Contractual Arbitration By Barry D....

by Sara J. Agne, Barry D. Halpern | Snell & Wilmer L.L.P. on 12/6/2012

Originally published in Arizona Attorney - December 2012. October 2012 marked the 20th anniversary of the Arizona Supreme Court’s opinion in Broemmer v. Abortion Services of Phoenix, Ltd. In the two decades since...more

Healthcare Update, No. 4, November 2012: NLRB Continues To Set Sights On Healthcare Employers

by Fisher & Phillips LLP on 11/7/2012

The National Labor Relations Board (NLRB) has continued its aggressive attack on employers in the healthcare industry and nonunion employers generally. With a membership majority that is widely recognized as being pro-union,...more

Reinsurance Redux - August 2012

by Saul Ewing LLP on 8/28/2012

In This Issue: - Texas Supreme Court Holds that Stop-Loss Insurance is Not Reinsurance, but Rather, is Direct Health Insurance Subject to Regulation under the State Insurance Code: The Texas Supreme Court reversed...more

Third Circuit Compels Arbitration in Meal Break Case and Finds No Basis for District Court’s Unconscionability Ruling

by Duane Morris LLP on 4/9/2012

Employers who do not currently use mandatory arbitration agreements with their employees should consider the benefits of doing so. On March 14, 2012, in Quilloin v. Tenet Healthsystem Phila., Inc., the U.S. Court of...more

Shorts on Long Term Care March 2012

by Poyner Spruill LLP on 3/12/2012

In This Issue: Nicaragua: Mission Impossible, Mission Accomplished - Our goal: Initiate the first-ever activities program for abandoned elders in Nicaragua.... Baby Doll: Miracle from Eden - She had the darkest,...more

Health Law Alert: Supreme Court Endorses Nursing Home’s Use of Pre-Dispute Arbitration Agreement

by Ober|Kaler on 3/2/2012

The United States Supreme Court recently affirmed – in strong terms – the broad reach of the Federal Arbitration Act (FAA) (9 U.S.C. § 1 et seq.) as applied to predispute arbitration agreements between...more

Court Hands Big Win to Florida Nursing Home Residents

by Lawyers.com on 1/3/2012

Two recent Florida Supreme Court decisions have resulted in major gains for nursing home residents and their families. Both Shotts v. OP Winter Haven and Gessa v. Manor Care of Florida struck down a segment of nursing home...more

New Obstacles To Arbitration

by Lane Powell PC - Health Care Law on 3/1/2011

It is common practice in long term care and other health care facilities for a resident or a resident’s family member to sign an arbitration agreement upon admission. Such agreements require the resident to arbitrate any...more

Healthcare Facility Construction Project: A Post-mortem

by Duane Morris LLP on 10/22/2010

A recent Illinois appellate case arising from a healthcare facility project, Doornbos Heating and Air Conditioning, Inc.,1 highlights challenges that are common to most construction projects, and healthcare construction in...more

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Alternative Dispute Resolution (ADR) › Health Law › Commercial Law & Contracts