Alternative Dispute Resolution (ADR) Personal Injury Health

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Pennsylvania Nursing Home That Failed To Sign Arbitration Agreement Cannot Seek to Enforce the Agreement

On January 15, 2015, the Pennsylvania Superior Court in Bair v. Manor Care of Elizabethtown, PA, LLC 2015 Pa. Super. 9 (2015) ruled that a nursing home arbitration agreement was not enforceable when the facility did not sign...more

Arbitration Agreements in Nursing Home Admission Agreements

In response to increasing runaway verdicts with large awards for punitive damages, many nursing homes are including arbitration clauses in their admission agreements. The U.S. Supreme Court’s decision in Marmet Health Care...more

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

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

Washington Court of Appeals Holds That Wrongful Death Claims Are Not Subject to Arbitration Agreement

A Washington Court of Appeals ruled that the wrongful death claims brought by the heirs of a nursing home resident were not subject to binding arbitration. In a significant set-back to advocates of negotiated arbitration...more

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