Arbitration

Opting Out of Arbitration Agreements

Ideally, health care providers do the right thing. Good Care is provided. There is no negligence. But what if they…

1 year ago

Arbitration Agreement Enforced; Trial Court erred in looking beyond HCAD to determine competency

In Welch v. Oaktree Health and Rehabilitation Center (2/28/2022), the Tennessee Court of Appeals reversed a trial court's determination that…

3 years ago

Georgia Guardianship Code Grants a Guardian Authority to Enter Into a Binding Pre-Dispute Arbitration Agreement

In CL SNF, LLC v. Fountain (Ga. Supreme Court September 21, 2021), the Georgia Supreme Court reversed CL SNF, LLC…

3 years ago

Nursing Home Cases: Arbitration

Marmet Health Care Center v. Brown, 132 S. Ct. 1201 (2012). Marmet began as three seperate cases in West Virginia.…

3 years ago

Necessary v. Life Care Ctrs. of America Inc., 2007 Tenn. App. LEXIS 698 (2007)

On appeal, the issue was the validity of an arbitration agreement entered into by Dorothy Necessary ("Plaintiff") while signing documents…

4 years ago

Owens v. Nat’l Health Corp., 2007 Tenn. LEXIS 1003 (2007)

On appeal, the Supreme Court of Tennessee found that the primary issue was whether a durable power of attorney for…

4 years ago

Manley v. Personacare of Ohio, 2007 Ohio 343 (Ohio Ct. App. 2007)

After admission to the nursing home, resident met with the admissions director and signed a "resident admission agreement" and an…

4 years ago

Hayes v. Premier Living, Inc., 2007 N.C. App. LEXIS 370 (N.C. Ct. App. 2007)

In wrongful death case against nursing home, Defendants appealed trial court's order granting motion to compel three incident reports prepared…

4 years ago

Covenant Health Rehab of Picayune, L.P. v. Brown, 2007 Miss. LEXIS 43 (Miss. 2007)

After Plaintiffs filed a wrongful death suit, Defendants filed a motion to compel arbitration. Plaintiff argued the resident was incompetent…

4 years ago

Fletcher v. Huntington Place, 2007 Fla. App. LEXIS 4681 (Fla. App. 2007)

Nursing home moved to compel arbitration, which was denied because it designated the American Health Lawyer's Association as the arbitrator…

4 years ago