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...
5 big issues in senior living in 2016
By
Lois A. Bowers
Dec 29, 2016
Looking back on our coverage of the senior living industry and the issues that affected it in 2016, several common themes emerge. Five are detailed in this year-end review.
Electronic signatures are new arbitration agreement challenge
By
Kathleen Steele Gaivin
Feb 07, 2024
Electronic signatures in arbitration agreements pose a potential challenge for employers, according to attorney Michael Kun, co-chair of law firm Epstein, Becker & Green’s wage and hour practice group.
Living wills not relevant in signing arbitration agreements, court says
By
Kathleen Steele Gaivin
Apr 02, 2024
Being the power of attorney of a living well does not give that person the right to sign arbitration agreements on behalf of the patient, the California Supreme Court ruled last Thursday. The decision...
Virginia resolution could lead to regulation of independent living
By
Lois A. Bowers
Jan 22, 2018
The Virginia Department of Social Services would study independent living communities to see whether state regulation and oversight would “help to ensure that residents … are adequately protected”...
Community ordered to pay family $587,000 after resident falls, dies
By
Lois A. Bowers
Jun 28, 2016
A Washington senior living community was ordered to pay the family of a former resident almost $587,000 after the 97-year-old woman fell and died several months later.
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 ‘good news’ for senior living and care providers
By
Kathleen Steele Gaivin
Jun 26, 2023
The Supreme Court’s Friday decision in an arbitration-related case is “good news” for senior living and care providers, attorneys tell McKnight’s Business Daily.
Arbitration ban: AHCA sues CMS, NCAL worries about states
By
Lois A. Bowers
Oct 17, 2016
The American Health Care Association filed a lawsuit Monday challenging the legality of the Centers for Medicare & Medicaid Services’ recently issued ban on pre-dispute arbitration agreements in...
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...