Federal law trumps state in use of nursing home arbitration agreements, Illinois high court rules
Apr 20, 2010
The Federal Arbitration Act (FAA) preempts a provision in the Illinois Nursing Home Care Act (NHCA) that prohibits the use of arbitration agreements in cases against nursing homes, the Illinois Supreme...
Alabama high court upholds nursing home arbitration agreement that daughter signed
Apr 14, 2010
The Alabama Supreme Court recently ordered the estate of a woman injured during her stay at a nursing home to settle its dispute through arbitration. It determined that the woman “passively permitted”...
Change of arbitrator doesn’t necessarily void nursing home agreement, court rules
Feb 10, 2010
If an arbitrator specifically designated by an arbitration agreement contract is not available, an arbitration clause may still be enforceable, a federal district court decision suggests.
Proxies cannot sign nursing home arbitration agreements, Colorado court rules
Dec 08, 2009
A Colorado court recently ruled that a healthcare proxy does not have the authority to sign an arbitration agreement on behalf of a nursing home resident.