“When the claims at issue in a federal court suit are subject to arbitration, does the court have authority to dismiss the action, or can it only stay the action pending resolution of the arbitration?” The U.S. Supreme Court resolved this legal issue that have created different opinions among federal court appeals.  Section 3 of

The American Conservative’s argument against forced arbitration in consumer contracts is a good read. Millions of consumers are signing away their right to sue in a court of law without ever having read the forced arbitration provision or even realizing that they are agreeing to a legally binding contract at all. The forced arbitration issue has

By: S.C. Lawyers Weekly Staff//September 11, 2023 While the Adult Health Care Consent Act gave patient Betty’s son, Kaileb, authority to sign a nursing home Admission Agreement on behalf of Betty, the AHCCA did not give Kaileb authority to sign a separate Arbitration Agreement on Betty’s behalf. Although Kaileb signed both agreements at the same

McKnight’s had an article recently discussing the nursing home industry requiring residents to waive their constitutional right to a jury trial to recenive taxpayer funded long term health care. Arbitration should not be required as a condition of admission. CMS prevents nursing homes from requiring such agreements in order for residents to start or continue receiving

The Forced Arbitration Injustice Repeal Act (FAIR) Act would ban forced mandatory pre-dispute arbitration clauses in nursing home cases. The bill would ensure that Americans can have their constitutionally guaranteed day in court. Increasingly, the nursing home industry uses these unfair clauses to shield themselves from accountability in the courts.  The arbitration is often (but