Category: Arbitration

Elopement and Arbitration

The Iowa Capital Dispatch reported on another tragic and preventable death of a nursing home resident. The wife and children of Michael Jensen is suing Ravenwood Specialty Care and the home’s owners, Care Initiatives of West Des Moines. The facility allowed Jensen to wander away without supervision. At the time, the facility had documented numerous

Federal Jurisdiction

Good news! The U.S. Supreme Court adopted a narrow view of federal jurisdiction in Badgerow v. Walters, issued March 31, 2022. The issue was federal jurisdiction for arbitration. Circuit courts were split on whether the same jurisdictional standard applies to compel arbitration and to enforce or vacate an award. Jurisdiction and Arbitration The Court narrowed the

Economic Justice

Arbitration Prevents Economic Justice The Regulatory Review reported on a six-part series entitled Promoting Economic Justice. Remington A. Gregg wrote the article about arbitration and economic justice. Gregg served as counsel for civil justice and consumer rights at Public Citizen until March 2022. Below are excerpts from the article. Pre-dispute binding arbitration clauses and class action

Forced Arbitration

Arbitration should be fair and voluntary. Mandatory arbitration clauses in nursing home admission paperwork is neither.

FAIR Act Passes House

The U.S. House passed a bill that would void all pre-dispute mandatory arbitration agreements in consumer contracts like nursing home admissions. This is incredible news. Preserving our constitutional right to a jury trial is essential. According to a report by the Economic Policy Institute from 2018, more than 60 million workers are barred from access to the

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