Alabama Supreme Court Upholds Arbitration Agreement Signed by Nursing Home Resident’s Daughter

In April of this year, the Alabama Supreme Court, in Tennessee Health Management, Inc. v. Carol J. Rousseau Johnson, as personal representative of the estate of Dolores J. Rousseau, deceased (CV-08-900469) held that a nursing home resident “passively permitted” her daughter to sign an pre-admission arbitration agreement on her behalf. As a result, the woman’s [...]

The Fairness in Nursing Home Arbitration Act of 2008

Congress is considering the Fairness in Nursing Home Arbitration Act of 2008, which make pre-admission arbitration agreements invalid and unenforceable. The House Judiciary Subcommittee on Commercial Law and Administrative Law just approved the bill and refused amendments which would prevent it from being applied retroactively, among other things. Specifically, the bill: …requires that agreements to [...]