Law-abiding nursing home operators have a new complaint. They compete with chains who “engage in exploitative tactics or otherwise break the law.” The disadvantaged facilities blames illegal use of financial guarantees at admission. Media reports indicate the practice is widespread and growing. The nursing home industry’s predatory practices include arbitration and attempting to collect from
“To invalidate or bar enforcement of a contract based on unconscionability, the party challenging the contract must show both an absence of meaningful choice, also referred to as procedural unconscionability, and contract terms that are unreasonably favorable to the other party, known as substantive unconscionability.” The Pennsylvania Superior Court upheld a trial court’s finding that
The Supreme Court in Morgan v. Sundance, Inc. held that a demand for arbitration must be timely raised. Courts should raise waiver if a party fails to raise arbitration at the earliest opportunity. Morgan argued that Sundance waived its right to arbitrate. The Eighth Circuit found no waiver because Morgan was not prejudiced. However, prejudice
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
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
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