Arizona AG secures second win against use of ‘secrecy clauses’ in senior living arbitration agreements
By
Kimberly Bonvissuto
Jul 02, 2024
The use of so-called “secrecy clauses” in assisted living and nursing home arbitration agreements hit another snag after Arizona’s top attorney announced a second settlement affecting dozens of long-term...
A temporary reprieve?
By
John O'Connor
Dec 01, 2016
A new federal rule that would have disallowed arbitration agreements during resident admissions has been put on hold, at least for now.
Business briefs, May 22
By
Kathleen Steele Gaivin
May 22, 2024
Staffing rule financial penalties could be ‘existential’ crisis for nursing homes … Aging services coalition urges passage of assisted living legislation for veterans … Attorney general sues over...
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.
State tries to remove ‘veil of arbitration secrecy’ in memory care elder abuse case
By
Kimberly Bonvissuto
Dec 19, 2023
In a bid to remove a “veil of arbitration secrecy,” one state attorney general filed a motion to intervene in a lawsuit alleging elder abuse at a memory care facility.
Settlement removes ‘secrecy clauses’ from assisted living operator’s arbitration agreements, and...
By
Kimberly Bonvissuto
Mar 05, 2024
A settlement that ends a senior living community’s arbitration agreement “secrecy clauses” is being called a “big win” by Arizona’s top attorney, who said she will move to strike down such...
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.
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.
Employee handbook language makes senior living provider’s arbitration policy ‘unenforceable,’ court...
By
Kimberly Bonvissuto
Jul 31, 2023
A senior living provider’s employee arbitration agreement is “unenforceable” because the company reserved the right to unilaterally alter the policy without advance notice, a court has ruled.
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...