Tag Archives: Nursing Home

Arbitration agreement proved too specific (access required)


Arbitration agreements that require all disputes to go through a chosen arbiter can save companies a lot of money and uncertainty—provided, of course, they make sure that the arbitrator they’ve chosen is willing to take the case. One nursing home overlooked that little detail, and got an unpleasant surprise when it learned the agreement wasn’t worth the paper it was printed on.

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Arbitration – Nursing Home – Separate Agreement – Power of Attorney (access required)

SSC Statesville Maple Leaf Operating Co. v. Morgan Pursuant to a power of attorney from his mother, defendant executed both an admission form and a separate dispute resolution agreement (DRA) when he admitted his mother to plaintiff’s facility. As defendant’s wrongful death claim arises out of his mother’s treatment at plaintiff’s facility, the claim is subject to the arbitration clause in the DRA.

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Against the odds, nursing-home claim is rebuffed  (access required)

Trial attorneys relish a challenge. Whether it’s the sympathetic plaintiff, the unpopular client, the witness with a past, or the formidable adversary, challenges present opportunities to explore new theories, adopt different strategies and polish skills. And overcoming them makes a win all the sweeter. Rarely, though, do multiple challenges come packaged in a single case. For Raleigh lawyer Mike Hurley (pictured at right), that case arrived just before Thanksgiving last year, when he took over the defense of a wrongful death action against Britthaven Nursing Home in Chapel Hill, scheduled for trial in just six months.

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