Martin Kane Kuper
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Martin Kane Kuper
Consultation is Free
1.877.NJLAW4U
(732-214-1800)
Legal and Medical News Blog

U.S. Supreme Court nixes West Virginia ruling on nursing home arbitration

March 21st, 2012 | Author: | Category: legislation and regulation

The Federal Arbitration Act preempts a state law barring arbitration clause enforcement in nursing home  contracts where negligence results in personal injury or death, the U.S.  Supreme Court said in a per curiam opinion that vacated a West Virginia  Supreme Court ruling exempting nursing home contracts in that state from the FAA’s reach. The Court did suggest that the FAA may not extend to  nursing home contracts that are shown to be unconscionable under state  laws that are not specific to arbitration. John Vail, vice president and    senior litigation counsel of the Center for Constitutional Litigation,    Washington, D.C., called the Court’s decision “regrettable but predictable.”

Read Article: U.S. Supreme Court nixes West Virginia ruling on nursing home arbitration

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