Arbitration Mediation

U.S. Supreme Court Rules on Nursing Home Arbitration

The United States Supreme Court ruled in favor of a national nursing home chain by reversing a decision by the Kentucky Supreme Court and, instead, held that persons who have broad “powers of attorney” may execute arbitration agreements even when state law grants a right to access to courts and …

Arbitration Mediation

Dea v. PH Fort Myers, LLC: Complexities of Enforcing Arbitration in Assisted Living Facility Context

The Florida Second District’s recent opinion in Estate of Dea v. PH Fort Myers, LLC et al. illustrates the complexity of enforcing arbitration in the assisted living / long term care context which requires consistent lawyering in writing arbitration clauses, admission agreements, and agreements for the sale of businesses as …

Arbitration Mediation
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Florida Second DCA Holds ALF Arbitration Agreement Not Applicable to Nursing Home Admission

On September 9, 2016, the Florida Second District Court of Appeal ruled that an arbitration clause in an assisted living facility (ALF) admission agreement did not apply when the resident was transferred to a skilled nursing facility (SNF) located in the same retirement community.  While the language of the arbitration …

Arbitration Mediation

Two Florida Nursing Home Arbitration Cases in March 2016

The Second and Fifth District Courts of Appeal simultaneously issued two opinions regarding arbitration enforcement in the nursing home context and, in one case, the Fifth DCA certified an issue to the Florida Supreme Court as one of “great public importance.”  The nursing home setting continues to be a battle …