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.”
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.
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...
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”...
Federal Arbitration Act applies to states, too, Supreme Court says
By
Lois A. Bowers
May 15, 2017
A resident representative holding power of attorney can be bound by an arbitration agreement that he or she signs on behalf of the resident, the U.S. Supreme Court ruled Monday, asserting that states are...
9 tips for effective arbitration agreements
By
Lois A. Bowers
May 08, 2017
Attorneys working in senior living discuss the benefits of pre-dispute arbitration agreements and share tips for operators creating or reworking theirs.