Nursing Homes May Continue to Use Arbitration Agreements

Indisputably

In a very unsurprising decision, the Supreme Court ruled 7-1 that a Kentucky nursing home can enforce contracts signed residents’ relatives that required all disputes involving the nursing home to arbitration. The relatives had only been authorized to sign the admission documents. In other words, Kentucky could not require a separate power of attorney related only to the signing of an arbitration agreement.

Kentucky’s highest court refused to enforce the agreements, saying the relatives lacked the power to waive a “divine God-given right” to a jury trial.

The nursing home argued that federal arbitration law preempts state laws that protect the right to sue in court.

                        author

Sarah Cole

In law school, Professor Cole was Editor-in-Chief of the University of Chicago Legal Forum and won the award for best paper written in the law school in 1990. Following law school, she clerked for the Hon. Eugene A. Wright of the United States Court of Appeals for the Ninth Circuit.… MORE >

Featured Mediators

ad
View all

Read these next

Category

In Someone Else’s Shoes: Are the Investor’s Rights His Own or Those of the Home State?

Arbitration BlogRoger Alford, Editor, article by Inna UchkunovaThere is a Taoist fable of the three stupid men who were traveling together from one village to the next. They rested for...

By Inna Uchkunova, Roger Alford
Category

Negotiating Justice: A Guide For Mediators

Guide for Global Mediators This gem of a guide/report is written by Priscilla Hayner, Director of the ICTJ Program on Peace and Justice and part of the HD Centre's "Negotiating...

By Jeff Thompson
Category

Reexamining Email Negotiations

There appears to be a rapid increase in the use of email exchanges for resolving all kinds of personal and workplace conflicts. Instead of taking the extra time for phone...

By Ralph Kilmann

Find a Mediator

X
X
X