Appellate court sides with assisted living provider, sends resident complaint to arbitration
Oct 18, 2021
A negligence and breach of contract complaint is headed to arbitration after an appellate court found in favor of the assisted living provider and upheld an arbitration and mediation agreement.
SNF faces appeal in wrongful death suit, resident’s competency to sign arbitration agreement
Kathleen Steele Gaivin
Aug 10, 2021
The Pennsylvania Superior Court on Thursday vacated a lower court’s decision to send to arbitration a wrongful death claim against Timber Ridge Health Care Center.
Memory care operator may appeal as court denies arbitration in elder abuse, wrongful death lawsuit
Aug 14, 2020
A California appellate court has upheld a trial court’s decision to deny arbitration in an elder abuse and wrongful death lawsuit against a memory care operator in the state. The operator may appeal.
Arbitration clause does not apply in lawsuit over resident’s alligator-related death, panel rules
Jul 31, 2020
A negligence lawsuit against Brookdale Senior Living will proceed after an appellate panel ruled that claims regarding the alligator-related death of a 90-year-old resident at a Charleston, SC, community...
COVID-19 oversight, accountability, transparency at ‘CORE’ of legislation
Jun 17, 2020
A group of congressional Democrats has introduced legislation intended to ensure “stronger oversight, accountability and transparency in the federal government’s response to the COVID-19 crisis.”
Appeals court sides with Brookdale in assigning negligence case to arbitration
Jun 09, 2020
The U.S. First Circuit Court of Appeals on Friday reversed a district court ruling and ordered a personal injury negligence suit about care at a Brookdale Senior Living assisted living and memory care...
A ray of hope in the midst of the pandemic: A legal pathway forward
Jun 01, 2020
Just as there is hope on the medical horizon in the COVID-19 battle, all is not lost in our courthouses for long-term care providers. The pathway forward for the industry may not be as bleak as it first...
Brookdale sees split outcome from appellate court in ADA lawsuit
Apr 28, 2020
Brookdale Senior Living claimed a partial victory Friday as an appellate court upheld a previous ruling by a district court in part, and reversed another decision, in an ADA lawsuit.
Arbitration agreements benefit senior living communities and families
Apr 16, 2020
Arbitration agreements benefit senior living communities and families, but there is a reason they are not frequently used.
AARP joins groups challenging arbitration agreements
Dec 11, 2019
AARP and a dozen mostly pro-consumer organizations have expressed support for legislation that prevents senior living organizations from using pre-dispute arbitration agreements.