The United States Supreme Court has again refused to consider whether the heirs of a deceased nursing home resident are bound by an arbitral agreement that was signed prior to the resident’s admission.

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The United States Supreme Court was recently asked to consider whether an arbitration agreement precludes a wrongful death claim in a nursing home dispute.

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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

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In re Golden Peanut Co., (Texas 2009) (No. 09-0122) deals with family members who brought a wrongful death action against Grant Drennan’s employer, Golden Peanut Company, LLC. (“Golden Peanut”). Golden Peanut did not subscribe to worker’s compensation insurance, but provided an Employee Injury Benefit Plan which called for binding arbitration of employment-related claims. Golden Peanut filed a motion to compel arbitration.

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Well, the Florida arbitration blog has another interesting post today. It concerns a Missouri case where a court refused to compel arbitration of a wrongful death case against a nursing home. According to that case, since the Missouri wrongful death statute creates a new cause of action in favor of the decedent’s statutory beneficiaries, and it is not a cause of action that the decedent could have had prior to his/her death, the statutory b

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