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All articles tagged '"nursing home"'
26 articles found
Federal Court Orders Mississippi Nursing Home Neglect Case to Arbitration Based on Resident’s Verbal Consent to Daughter’s Agency
By Beth Graham - July 30, 2018
The United States District Court for the Northern District of Mississippi has ordered a nursing home dispute to arbitration based on an individual’s oral consent to her daughter’s agency.
Kentucky Supreme Court Revisits Nursing Home Arbitration Case Overturned by SCOTUS
By Beth Graham - November 20, 2017
In May, the United States Supreme Court overturned the Supreme Court of Kentucky’s decision in Kindred Nursing Centers Limited Partnership v. Clark, No. 16-32, (May 15, 2017).
SCOTUS Overturns Kentucky Supreme Court in Nursing Home Arbitration Case
By Beth Graham - May 23, 2017
The Supreme Court of the United States has reversed the Kentucky Supreme Court’s decision in a nursing home arbitration dispute.
NLRB Continues to Assert Class Waivers in Employment Agreements Violate the NLRA
By Beth Graham - December 20, 2016
The National Labor Relations Board (“NLRB”) is at it again. In Service Employees Int’l Union v. Montecito Heights Healthcare & Wellness Centre, LP, No. 31-CA-129747 (November 30, 2016), an NLRB administrative law judge ruled that a California-based nursing home maintained an illegal voluntary arbitration policy that asked workers to waive their right to engage in collective action in violation of the National Labor Relations Act (“NLRA”).
Federal Court Enjoins CMS Rule Banning Nursing Homes from Requiring Pre-Dispute Binding Arbitration Agreements
By Beth Graham - November 23, 2016
A Mississippi federal judge has blocked a Department of Health and Human Services’ Centers for Medicare and Medicaid Services (“CMS”) regulation that bars federally funded nursing homes from utilizing pre-dispute binding arbitration agreements.
Federally Funded Nursing Homes No Longer Allowed to Require Residents to Sign Binding Arbitration Agreements
By Beth Graham - October 5, 2016
Yesterday, the Department of Health and Human Services’ Centers for Medicare and Medicaid Services published a regulation that bans federally funded long-term care facilities such as nursing homes from using pre-dispute binding arbitration agreements.
Texas Supreme Court Holds FAA Preempts Texas Law in Nursing Home Dispute
By Beth Graham - March 10, 2015
On Friday, the Supreme Court of Texas ruled that Section 74.451 of the Texas Civil Practices and Remedies Code was preempted by the Federal Arbitration Act (“FAA”).
Federal Judge Orders Sugar Land Nursing Home Visitation Dispute to Mediation
By Beth Graham - February 19, 2015
A Sugar Land nursing home dispute that arose after an elderly resident’s family was banned from a long-term care facility over a number of social media posts has reportedly been ordered to mediation.
Texas Supreme Court Hears Oral Argument Over Possible FAA Preemption in Nursing Home Case
By Beth Graham - October 15, 2014
On Tuesday, the Supreme Court of Texas heard oral argument in Fredricksburg Care Co., L.P. v. Perez, No. 13-0573. In the case, a Texas nursing home sought appellate review after the Fourth Court of Appeals in San Antonio denied its motion to compel arbitration in a wrongful death lawsuit based on the requirements set forth in the Texas Medical Liability Act (“TMLA”).
U.S. Supreme Court Refuses to Consider Whether Arbitration Agreement Precludes Wrongful Death Case Against Nursing Home
By Beth Graham - July 7, 2014
The United States Supreme Court has reportedly denied a petition asking the court to consider whether an arbitration agreement precludes a wrongful death claim against a nursing home.
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