Category: Arbitration

Arbitration v. Transparency

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

Nanney v. THI of South Carolina at Spartanburg, LLC (Lawyers Weekly No. 012-040-23, 11 pp.)

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

Arbitration

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

FAIR Act

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

Consumer Protections

Consumer Financial Protection Bureau published protections for nursing home residents from illegal collection activities. Families should understand their rights, especially when it comes to helping a loved one gain admission to a nursing home. Some nursing homes and debt collectors are billing and suing caregivers for residents’ cost of care based on illegal admission contracts.

Section 4 of the Federal Arbitration Act

Section 4 According to Section 4 of the Federal Arbitration Act, a jury trial is necessary to determine if an arbitration agreement is enforceable: The court shall hear the parties, and upon being satisfied that the making of the agreement for arbitration or the failure to comply therewith is not in issue, the court shall

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