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ARTICLE · 12 OCTOBER 2015

Arbitration of Nursing Home Suits: Take Two

Wilson Elser Moskowitz Edelman & Dicker LLP
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Quasi Tort Reform in Nursing Home Litigation Is on the Way!

United StatesLitigation, Mediation & Arbitration
Lori Semlies
Lori Semlies
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 Quasi Tort Reform in Nursing Home Litigation Is on the Way!

Last fall, I posted a blog about the national trend of including arbitration provisions in nursing home admission agreements. This trend peaked following the U.S. Supreme Court's decision in Marmet Health Care Center v. Brown, 132 S.Ct. 1201 (2012), in which the Court determined that the Federal Arbitration Act (FAA) preempts any state law or public policy limiting arbitration, holding that the language in the Act did not limit its application to non–personal injury disputes. The only remaining issue is whether contracts requiring arbitration, like any other contracts, are procedurally and substantively enforceable under New York contract laws.

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