Supreme Court denies ‘look through’ requests in arbitration claims
By
Kathleen Steele Gaivin
Apr 01, 2022
The Supreme Court on Thursday set limits on when federal courts have jurisdiction to confirm or vacate an arbitration claim under certain sections of the Federal Arbitration Act. Essentially, the court...
Think you’re protected by an arbitration agreement? You may be mistaken
By
Kimberly Bonvissuto
Feb 07, 2022
A recent California Court of Appeals decision regarding arbitration agreements is putting senior living operators in the state on notice about who signs those agreements.
Memory care operator may appeal as court denies arbitration in elder abuse, wrongful death lawsuit
By
Kimberly Bonvissuto
Aug 14, 2020
A California appellate court has upheld a trial court’s decision to deny arbitration in an elder abuse and wrongful death lawsuit against a memory care operator in the state. The operator may appeal.
COVID-19 oversight, accountability, transparency at ‘CORE’ of legislation
By
Kimberly Bonvissuto
Jun 17, 2020
A group of congressional Democrats has introduced legislation intended to ensure “stronger oversight, accountability and transparency in the federal government’s response to the COVID-19 crisis.”
A ray of hope in the midst of the pandemic: A legal pathway forward
By
Matt Keenan
Brad Bodamer
Jun 01, 2020
Just as there is hope on the medical horizon in the COVID-19 battle, all is not lost in our courthouses for long-term care providers. The pathway forward for the industry may not be as bleak as it first...
Brookdale sees split outcome from appellate court in ADA lawsuit
By
Kimberly Bonvissuto
Apr 28, 2020
Brookdale Senior Living claimed a partial victory Friday as an appellate court upheld a previous ruling by a district court in part, and reversed another decision, in an ADA lawsuit.
Arbitration agreements benefit senior living communities and families
By
Christina Nechiporchik
Apr 16, 2020
Arbitration agreements benefit senior living communities and families, but there is a reason they are not frequently used.
Operators’ liability claim costs expected to increase 6% in 2019: report
By
Lois A. Bowers
Oct 22, 2018
General and professional liability claims costs for long-term care operators are projected to increase by 6% in 2019, according to the findings of an analysis recently released by professional services...
Supreme Court arbitration ruling allows employers to prohibit class action lawsuits by workers
By
Lois A. Bowers
May 22, 2018
Private companies can include arbitration clauses in employment contracts to prohibit employees from filing class action lawsuits against them to fight perceived federal wage and hour and other labor law...
Arbitration agreements, resident actions mean wildfire lawsuit should be tossed, operator says
By
Lois A. Bowers
Feb 28, 2018
The existence of arbitration agreements is one of 34 reasons that a lawsuit alleging that a senior living community abandoned residents during an October wildfire should not proceed, according to the community...