Posts Tagged ‘arbitration’

Arbitration in Trusts

Because arbitration is often faster, cheaper, private and more convenient than litigating disputes in court, mandatory arbitration clauses have long been a mainstay in a variety of commercial contracts.  Additionally, the parties’ ability to choose an arbitrator with expertise in the particular area of law at issue often adds significant benefit. In the context of commercial contracts, however, there have been concerns over potential bias in favor of “repeat customers”—that arbitrators might find for the company perceived as likely to arbitrate more cases down the road or regularly come out against individual consumers who are unlikely to litigate additional arbitration…

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Supreme Court Declines to Review Two Rulings Spurning Nursing Home Arbitration Agreements

The U.S. Supreme Court has refused to hear appeals of two state court decisions that nursing home residents' descendants may bring wrongful death suits against the facilities despite the existence of signed arbitration agreements.  Both cases involve daughters who signed arbitration agreements on behalf of their mothers. After the mothers died, the daughters sued the nursing home for wrongful death, and the nursing home moved to compel arbitration. In Ping v. Beverly Enterprises (Ky., No. 2010–SC–000558–DG, Aug. 23, 2012),  Donna Ping was her mother's attorney-in-fact under a general power of attorney when she signed the arbitration agreement. The Kentucky Supreme…

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