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Arbitration Agreements › Assisted Living Facilities (ALFs)

Carlton Fields

Fourth Circuit Holds Estate of Assisted Living Facility Resident Required to Arbitrate Wrongful Death and Survival Claims

Carlton Fields on

In 2017, the plaintiff’s father was admitted as a resident to an assisted living facility in Greenville, South Carolina. As part of the admissions process, the plaintiff, pursuant to a durable general power of attorney,...more

Spilman Thomas & Battle, PLLC

Ensuring the Enforceability of Electronic Arbitration Agreements in Virtual Admission Packets

Spilman Thomas & Battle, PLLC on

With the continued risk of the spread of COVID-19 in assisted care facilities, more and more facilities are implementing a virtual admissions process. This process includes providing all of the admissions documents, including...more

Ballard Spahr LLP

House Judiciary Subcommittee Hears Testimony on Arbitration Agreements

Ballard Spahr LLP on

A subcommittee of the House Judiciary Committee recently held a hearing titled “Justice Denied: Forced Arbitration and the Erosion of our Legal System.”...more

Lowndes

Arbitration and Eviction: A Recipe for Delay

Lowndes on

Leases in an independent living component of an assisted living facility will often contain an arbitration provision. Although arbitration can be helpful in reducing litigation expenses, arbitration can lead to significant...more

Nexsen Pruet, PLLC

Health Care Arbitration Agreements: Five Ways to Improve Enforceability

Nexsen Pruet, PLLC on

Common law judicial doctrines in almost every state discourage and restrict arbitration agreements covering personal injury or death claims. This is particularly true regarding admission contracts to nursing homes or...more

Lowndes

Arbitration Agreements in Residency Contracts Offer Valuable Protections—Part II

Lowndes on

As I explained back in December, arbitration agreements can save your company a significant amount of money. However, not all arbitration agreements are created equal. Although the law varies from state to state, here...more

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