State Rules Against Use of Nursing Home Arbitration Agreements Which Ban Punitive Damages

The Supreme Court in one state has ruled nursing home arbitration agreements that limit remedies in conflict with those allowed by state law are invalid. The justices in two separate cases ruled an appellate court erred by requiring arbitration over allegations of negligence against the nursing homes instead of letting them go to court.

In each case the arbitration agreements included bans on punitive damages that are allowed by state law.
The majority in each case said nursing home arbitration agreements which are contrary to public policy and undermine remedies set by the Legislature cannot be enforced. For more, read the story.


Robert W. Carter, Jr. is a Virginia attorney whose law practice is dedicated to protecting the rights of the victims of nursing home and assisted living neglect and abuse in Richmond, Roanoke, Norfolk, Lynchburg, Danville, Charlottesville, and across Virginia.

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