Ideally, health care providers do the right thing. Good Care is provided. There is no negligence. But what if they…
In Welch v. Oaktree Health and Rehabilitation Center (2/28/2022), the Tennessee Court of Appeals reversed a trial court's determination that…
In CL SNF, LLC v. Fountain (Ga. Supreme Court September 21, 2021), the Georgia Supreme Court reversed CL SNF, LLC…
Marmet Health Care Center v. Brown, 132 S. Ct. 1201 (2012). Marmet began as three seperate cases in West Virginia.…
On appeal, the issue was the validity of an arbitration agreement entered into by Dorothy Necessary ("Plaintiff") while signing documents…
On appeal, the Supreme Court of Tennessee found that the primary issue was whether a durable power of attorney for…
After admission to the nursing home, resident met with the admissions director and signed a "resident admission agreement" and an…
In wrongful death case against nursing home, Defendants appealed trial court's order granting motion to compel three incident reports prepared…
After Plaintiffs filed a wrongful death suit, Defendants filed a motion to compel arbitration. Plaintiff argued the resident was incompetent…
Nursing home moved to compel arbitration, which was denied because it designated the American Health Lawyer's Association as the arbitrator…
When Luanna Campbell was admitted to a nursing home, her daughter signed a number of agreements, including an arbitration agreement.…
Resident suffering from dementia was admitted to nursing facility. Husband signed admissions documents including two arbitration agreements. California law prohibits…
Children of deceased nursing home resident sued nursing home. The trial court denied the nursing home's motion to compel arbitration…
Kindred filed a motion for an emergency protective order after the trial allowed limited discovery on the sole issue of…
The trial court denied a motion to compel arbitration because the agent had no authority to execute the arbitration agreement.…
When defendant answered the complaint it alleged the dispute was subject to arbitration and asked for a jury trial. After…
Trial court granted motion to stay pending arbitration. Affirmed on appeal. On appeal Plaintiff argued that the agreement was procedurally…
Buie filed a wrongful death action after resident's death. Buie signed an agreement for arbitration on the line for a…
After Plaintiff filed suit, Defendant filed a motion to dismiss, compel arbitration and stay discovery. The magistrate entered a report…
When Dan Weeks entered the nursing home, Murry Weeks, his legal representative signed an "an agreement to arbitrate any dispute…
Defendants in a State court action filed a declaratory judgment action in federal court seeking a declaration as to the…
Defendant moved to compel arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. ยง 4. Under 5th Circuit precedent, the…
Plaintiff filed a State court action alleging nursing home negligence at a home controlled by JPMorgan. When admitted, Plaintiff's mother…
On November 7, 2002, when resident was admitted to a nursing home, her daughter signed an agreement for arbitration. On…
Facility sought to compel arbitration after suit was filed. Resident was alone when admitted to the facility. He was illiterate,…
Plaintiff brought wrongful death action against assisted living facility. During the admission process, resident's daughter signed admission papers without a…
At admission to assisted living facility, daughter who was completing documents indicated she wanted to have residency agreement reviewed by…
This is not a nursing home case. Justice Scalia, writing for the Court, framed the issue as whether a court…
The Estate appealed after the trial court granted Manor Care's motion to compel arbitration. Resident's wife had signed admissions agreement…
Conservator initialed pages indicating she read arbitration agreement, but did not sign the agreement. Facility made two attempts to have…
Order compelling arbitration was affirmed. Four days after admitting her mother to a nursing home, Ms. Coker, the resident's daughter,…
Defendant nursing home moved to compel arbitration. The trial court denied the motion, and the nursing home appealed. The agreement…
Both parties appealed after the court severed limitations on damages but compelled arbitration. In 2004, Plaintiff filed suit for negligence…
The decision of the trial court was reversed and arbitration was compelled. On September 17, 2002, Mann underwent a total…
On admission to the nursing home, the resident's granddaughter executed an admission contract that included an arbitration agreement. Later, after…
Plaintiff filed a negligence and wrongful death suit against the nursing home. Kindred filed a motion to dismiss or, in…