Find Mediators Near You:

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 Members

ad
View all

Read these next

Category

The Pirate Negotiator

Ali Mohamed Ali faces life in prison on piracy-related charges. But is he a criminal mastermind or a Good Samaritan? The truth is likely something in between. Ali never considered...

By Jeff Thompson
Category

AAAi Podcast Episode 2 with AAA CIO Diana Didia

AAAi Lab Podcast and Vodcast Welcome to the AAAi Lab Podcast, where Legally Disrupted's Zach Abramowitz and AAA President and CEO Bridget McCormack guide you through the American Arbitration Association's® (AAA®)...

By Diana Didia, Zach Abramowitz, Bridget McCormack
Category

Classical Physics, Quantum Mechanics, Relativity, Super String Theory And Mediation

Our concepts of our environment do not die slowly. They neither crumble and rot into oblivion nor do they grow beautiful with old age. They are systematically killed by men...

By Joseph Dean Klatt
×