Arbitration agreements would be prohibited as condition of admission under proposed federal law
By
Kathleen Steele Gaivin
Apr 11, 2024
Nursing homes would be prohibited from requiring or soliciting residents to sign pre-dispute, mandatory, binding arbitration agreements as a condition of admission under a bill introduced Tuesday by Sens....
Living wills not relevant in signing arbitration agreements, court says
By
Kathleen Steele Gaivin
Apr 02, 2024
Being the power of attorney of a living well does not give that person the right to sign arbitration agreements on behalf of the patient, the California Supreme Court ruled last Thursday. The decision...
Settlement removes ‘secrecy clauses’ from assisted living operator’s arbitration agreements, and...
By
Kimberly Bonvissuto
Mar 05, 2024
A settlement that ends a senior living community’s arbitration agreement “secrecy clauses” is being called a “big win” by Arizona’s top attorney, who said she will move to strike down such...
Business briefs, March 5
By
Kathleen Steele Gaivin
Mar 05, 2024
AG promises to ‘strike down’ provider arbitration agreements with ‘secrecy clauses’
after settlement … VA General Assembly passes legislation to help financial institutions, employees identify...
Court upholds arbitration agreement in assisted living resident’s wrongful death lawsuit
By
Kimberly Bonvissuto
Feb 21, 2024
The family of an assisted living resident who filed a wrongful death lawsuit is bound by an arbitration agreement signed when the resident moved into the community, the Tennessee Supreme Court has rule.
Electronic signatures are new arbitration agreement challenge
By
Kathleen Steele Gaivin
Feb 07, 2024
Electronic signatures in arbitration agreements pose a potential challenge for employers, according to attorney Michael Kun, co-chair of law firm Epstein, Becker & Green’s wage and hour practice group.
Business briefs, Jan. 17
By
Kathleen Steele Gaivin
Jan 17, 2024
Washington Post, New York Times articles prompt Senate investigation into assisted living … House votes to repeal joint-employer rule; president promises veto … Class action settlements spiked in 2023,...
State tries to remove ‘veil of arbitration secrecy’ in memory care elder abuse case
By
Kimberly Bonvissuto
Dec 19, 2023
In a bid to remove a “veil of arbitration secrecy,” one state attorney general filed a motion to intervene in a lawsuit alleging elder abuse at a memory care facility.
Employee handbook language makes senior living provider’s arbitration policy ‘unenforceable,’ court...
By
Kimberly Bonvissuto
Jul 31, 2023
A senior living provider’s employee arbitration agreement is “unenforceable” because the company reserved the right to unilaterally alter the policy without advance notice, a court has ruled.
Supreme Court arbitration ruling ‘good news’ for senior living and care providers
By
Kathleen Steele Gaivin
Jun 26, 2023
The Supreme Court’s Friday decision in an arbitration-related case is “good news” for senior living and care providers, attorneys tell McKnight’s Business Daily.