Ask the Legal Expert about … arbitration agreements
By
John Durso
Dec 06, 2017
There has been so much in the news about arbitration agreements over the past year. Are we in the clear and can we use them again?
Make arbitration an option — an obvious one
By
John O'Connor
Aug 28, 2017
Like so many other contemporary debates, the arbitration issue has degenerated into a talking-points battle.
Winning with the help of Trump
By
Elizabeth Newman
Aug 09, 2017
When the American Health Care Association sued the Centers for Medicare & Medicaid Services last year, my assessment was that it might win the literal battle, but lose the hearts and minds of consumers.
More frivolous lawsuits ahead? You can bank on it
By
John O'Connor
May 09, 2016
Eldercare service providers would be well advised to watch proposed arbitration rules that have been aimed primarily at banks — for now.
Ruling: State courts cannot treat nursing home arbitration agreements differently than other contracts
By
Tim Mullaney
Jul 10, 2013
State courts do not have the authority to categorize nursing home arbitration agreements differently than other contracts, the New Mexico Supreme Court recently ruled. The decision sets up a fight over...
Ask the legal expert … about arbitration agreements
By
John Durso
Apr 01, 2013
It seems like every time I see a news item about arbitration agreements being signed by a resident/patient’s surrogate or relative, some judges rules it invalid or unenforceable. Are they ever valid?...
Terminations without litigation in the nursing home industry: Part Three
By
Howard Kurman, Esq. & Julius Steiner, Esq.
Aug 23, 2012
Terminations today pose far more legal risk than they did even 20 years ago. Irrespective of the size of the employer, a disgruntled employee who has been involuntarily terminated is likely to challenge...
Long-term care providers: plenty of reasons to look over the shoulder
By
James M. Berklan
Jul 18, 2012
As if sobering news weren’t in deep enough supply for long-term care providers, we’ve been reminded again why the threat of getting sued usually lingers in the back of the mind.
Health lawyers to tackle arbitration, HITECH and health reform at annual meeting
Jun 25, 2010
The American Health Lawyers Association will hold its annual meeting next week in Seattle. Education session topics will include the arbitration process, an overview of HITECH (Health Information Technology...