Dogecoin’s Day in Court
#WorkforceWednesday® - Key SCOTUS Decisions This Term for Employers - Employment Law This Week®
AGG Talks: Cross-Border Business Podcast - Episode 14: Resolving Cross-Border Conflicts Through International Arbitration
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Consumer Finance Monitor Podcast Episode: A Deep Dive into Mass Arbitration, with Special Guest Andrew Pincus, Partner, Mayer Brown
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Employment Law Now VI-116-Top 10 Employment Issues To Consider For The Summer Kick-Off
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Law Brief®: Jonathan Temchin and Richard Schoenstein Explore Arbitration
Hot Spots in Employment Law 2022
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Employment Law Now VI-114-Banning Arbitration of Sexual Harassment/Assault Claims
Update and Discussion on Legal and Practical Issues
Baker Donelson secured a win before the Tennessee Supreme Court when, on February 16, 2024, the Court issued a ruling supporting health care providers and those who seek to secure health care for a loved one. In Williams v....more
Noting that the Federal Arbitration Act applies to nursing home admission agreements that include a mandatory arbitration provision, the Mississippi Supreme Court affirmed the trial court’s order denying Belhaven Senior Care...more
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
Welcome to The Franchise Memorandum by Lathrop GPM. Below are summaries of recent legal developments of interest to franchisors. Fraud/Misrepresentation - Minnesota Federal Court Rules that Fraud and Misrepresentation...more
Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...more
Opting for arbitration requires attorneys to balance efficiency and procedural protections. The implications of arbitration are something clients certainly have to carefully consider both when drafting arbitration provisions,...more
On January 4, 2019, a three-judge panel of the Pennsylvania Superior Court issued a non-precedential opinion finding that a Fayette County trial court erred when denying a nursing home’s attempt to compel arbitration. ...more
On September 4, 2018, the Mississippi Court of Appeals upheld an arbitration agreement between a nursing home and its resident. See Massey v. Oasis Health & Rehab of Yazoo City, LLC, No. 2017-CA-00086-COA, 2018 WL 4204207...more
Our Civil Justice System Levels the Playing Field - I’m sure you’ve heard the term “tort reform” before, often used by those who say too many people are abusing our civil justice system. Look closer and you’ll see that the...more
The Ninth Circuit refused last month to disturb a district court order denying a defendant’s motion to compel arbitration against a sailor in a maritime action pursuant to the Convention on the Recognition and Enforcement of...more
The Tenth Circuit recently upheld a district court’s confirmation of an arbitral award ordering a nursing home (“THI”) to pay fees and costs associated with the arbitration of a wrongful death claim. A personal representative...more
In Baker v. Italian Maple Holdings, No. D069797, the Court of Appeal, Fourth Appellate District, Division One, recently held that an arbitration agreement was enforceable upon its execution and the fact that one signatory...more
On May 15, 2017, the U.S. Supreme Court overturned a Kentucky Supreme Court decision and sided with a nursing home operator regarding an attorney-in-fact’s ability to bind principals to arbitration clauses. The U.S. Supreme...more
Last week, the U.S. Supreme Court rejected the Kentucky Supreme Court’s use of a clear-statement rule to require that powers of attorney specifically authorize a representative to enter into an arbitration agreement, finding...more
On May 15, 2017, the U.S. Supreme Court reiterated the principle that the Federal Arbitration Act (FAA) requires states to treat arbitration agreements just as they treat other types of contracts. In Kindred Nursing Centers...more
The U.S. Supreme Court and the Kentucky Supreme Court are not kindred spirits with respect to state law restrictions on arbitration agreements....more
Health care providers may favor arbitration due to the perception that it is a faster, less expensive alternative to litigation. State and federal policy favors arbitration for the same reasons. Because of the strong public...more
Tillman adv. Rheingold Firm, No. 13-56624, 2016 BL 190432 (9th Cir. June 15, 2016) - Brief Summary - A former client who had agreed to arbitrate disputes with her lawyers, but ultimately could not afford to pay the...more
Testimony and documents may be obtained in arbitration in accordance with the parties’ agreement, the applicable institutional arbitration rules and provisions of law (federal and state arbitration acts, as applicable). This...more
Health care institutions in Kentucky may want to take a fresh look at their patient arbitration provisions, in light of a September 24 decision by the Kentucky Supreme Court. Out-of-state institutions may want to take a...more
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
Long term care providers beware, class action suits are coming. Due to allegations of chronic understaffing, long term care providers are beginning to face massive class action lawsuits nationwide. The trend began in 2010,...more
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