The saga of Brown v. Genesis Healthcare Corporation continues. Almost exactly a year ago, the West Virginia Supreme Court declared that arbitration agreements in pre-dispute nursing home contracts were unenforceable. Then in February SCOTUS reversed that decision and remanded the case for consideration of un-preempted unconscionability. Now, the West Virginia court has issued its decision
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West Virginia's Arbitration Ruling Could Not Stay Under SCOTUS' FAA Preemption Radar
By Liz Kramer on
Posted in Validity of Arbitration Agreement
The U.S. Supreme Court today vacated the West Virginia Supreme Court of Appeals’ decision from last June, holding that pre-dispute arbitration clauses in nursing home contracts will not be enforced in that state. The content of the decision is not surprising, as it relies on notions of federal preemption and follows the analysis in Concepcion…