Litigation: Personal Injury

Are Arbitrators Integral in Pre-Injury Nursing Home Agreements?

, The Legal Intelligencer


Today, nearly every nursing home dispute in Pennsylvania, and the rest of the United States, involves either an optional or mandatory predispute arbitration agreement. Although some states have resisted enforcing predispute personal injury arbitration agreements, the U.S. Supreme Court rejected such efforts and recently overturned a West Virginia Supreme Court of Appeals decision that "held unenforceable [as a matter of state public policy] all predispute arbitration agreements that apply to claims alleging personal injury or wrongful death against nursing homes."

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