Arbitration agreements cover families’ claims over alleged serial killer deaths, court says
By
Kimberly Bonvissuto
Aug 12, 2022
A senior living provider’s arbitration agreement, signed by former residents who subsequently were alleged victims of an alleged serial killer, covers the wrongful death and survival claims made by their...
Supreme Court denies ‘look through’ requests in arbitration claims
By
Kathleen Steele Gaivin
Apr 01, 2022
The Supreme Court on Thursday set limits on when federal courts have jurisdiction to confirm or vacate an arbitration claim under certain sections of the Federal Arbitration Act. Essentially, the court...
Legislation voids forced arbitration for sexual assault and sexual harassment claims
By
Kathleen Steele Gaivin
Feb 14, 2022
Companies will not be able to require arbitration to settle claims of sexual harassment and sexual assault under a bill passed last week by both houses of Congress. The law will void forced arbitration...
Think you’re protected by an arbitration agreement? You may be mistaken
By
Kimberly Bonvissuto
Feb 07, 2022
A recent California Court of Appeals decision regarding arbitration agreements is putting senior living operators in the state on notice about who signs those agreements.
Appellate court sides with assisted living provider, sends resident complaint to arbitration
By
Kimberly Bonvissuto
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
By
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
By
Kimberly Bonvissuto
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
By
Kimberly Bonvissuto
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
By
Kimberly Bonvissuto
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
By
Kimberly Bonvissuto
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...