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All articles tagged '"nursing home"'
26 articles found
U.S. Supreme Court Asked to Consider Scope of Nursing Home Arbitration Agreements
By Beth Graham - June 10, 2014
The United States Supreme Court was recently asked to consider whether an arbitration agreement precludes a wrongful death claim in a nursing home dispute.
Arbitration Lessons From State Courts
By Beth Graham - August 20, 2013
Liz Kramer at Arbitration Nation has compiled a thorough blog post that examines a number of arbitration decisions that were handed down by various state high courts in recent months.
Arizona COA Holds Financially Burdensome Arbitration Agreement is Unenforceable
By Beth Graham - August 2, 2013
Most businesses and individuals consider arbitration a cost-effective dispute resolution method. In general, an agreement to arbitrate will be upheld by the various courts across the nation. In a precedent-setting decision, however, the Arizona Court of Appeals has ruled that financially burdensome arbitration agreements are “unconscionable” and therefore unenforceable.
San Antonio COA Refuses to Compel Nursing Home Negligence Case to Arbitration
By Beth Graham - July 3, 2013
Texas’ Fourth District Court of Appeals in San Antonio has refused to compel a nursing home health care liability lawsuit to arbitration. In The Williamsburg Care Company L.P. v. Acosta, (No. 04-13-00110-CV), several former nursing home residents alleged that a long-term care facility committed a number of acts of negligence against facility patients.
U.S. Supreme Court Declines to Review Two Lawsuits Filed Against Nursing Homes Where Heirs Signed Arbitration Agreements
By Beth Graham - April 29, 2013
Last week, the United States Supreme Court reportedly refused to consider two wrongful death cases against nursing homes in Illinois and Kentucky where the plaintiff signed an arbitration agreement. After a number of appeals, the Illinois Supreme Court held that Carter’s lawsuit could proceed despite that she signed the agreement to arbitrate.
Mandamus Granted After Trial Court Incorrectly Applied Statute
By Jeremy Clare - December 3, 2012
The Supreme Court of Texas conditionally granted mandamus relief because the trial court abused its discretion by incorrectly applying section 171.096(b) of the Texas Civil Practice and Remedies Code instead of applying 171.096(c) of the Texas Civil Practice and Remedies Code. Background In In re Lopez, 372 S.W. 3d 174 (June 8, 2012), survivors of a nursing home resident filed a demand for arbitration of survival and wrongful death claims against
Arbitrating with Your Doctor?
By Holly Hayes - March 16, 2012
We recently stumbled upon an article regarding the sudden prevalence of arbitration agreements (between doctors and patients) in the context of medical procedures. Here is an excerpt: Arbitration agreements seem to be popping up in every kind of transaction these days. For those who are unfamiliar with them, they are contracts where parties give up their rights to go to court and present their cases to judges and juries. These probably make sense
U.S. Supreme Court Remands Cases about Predispute Arbitration Agreements for Personal Injury and Wrongful Death Claims
By Victoria VanBuren - February 28, 2012
Last week, the U.S. Supreme Court reversed and remanded orders of the Supreme Court of Appeals of West Virginia which held unenforceable all predispute arbitration agreements that apply to claims alleging personal injury or wrongful death against nursing homes. See Marmet Health Care Center, Inc., et al. v. Clayton Brown, et al., Case Nos. 11–391 and 11–394, 565 U. S. ____ (Feb. 21, 2012). The underlying litigation involves three negligence lawsu
N.D. of Mississippi Rules Nursing Home Resident is Third-Party Beneficiary of Agreement to Arbitrate
By Beth Graham - April 26, 2011
Earlier this month, an interesting arbitration case was decided in the Northern District of Mississippi. In Cook v. GGNSC Ripley, LLC, No. 3:10CV018 (N.D. Miss., Apr. 14, 2011), the court held a nursing home resident was bound to an arbitration agreement as a third-party beneficiary. The American Health Lawyers Association reported, A federal trial court in Mississippi ruled April 14 that a negligence action against a nursing home by a deceased r
Dallas Court of Appeals Holds Arbitration Provision Unenforceable in Nursing Home Contract
By Beth Graham - November 4, 2010
The Dallas Court of Appeals has held the mandatory notice requirements set forth in Section 74.451 of the Texas Civil Practice and Remedies Code rendered an arbitration provision unenforceable where the McCarran-Ferguson Act (MFA), 15 U.S.C. § 1012(b), preempted the Federal Arbitration Act (FAA). In In re Sthran, No. 05-10-01176-CV (October 29, 2010), Etta Sthran (relator) sued Forest Lane Healthcare Center and THI of Texas at Forest Lane, LLC (F
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