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Supreme Court Finds Arbitration Clauses in Nursing Home Contracts to Be Enforceable

The United States Supreme Court in Marmet v. Brown, 565 U.S. ____ (2012) held that state and federal courts must enforce arbitration clauses in all agreements covered by the statute, including specifically those in nursing home residency agreements requiring arbitration in personal injury or wrongful death actions. This ruling vacates an earlier West Virginia supreme court finding of such arbitration clauses as against public policy. http://www.supremecourt.gov/opinions/11pdf/11-391.pdf

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