23 results for 'cat:"Arbitration" AND cat:"Wrongful Death"'.
J. Ashmann-Gerst finds that the trial court should have granted a nursing facility's motion to compel arbitration of a wrongful death claim filed by the parents of a dependent adult who died in its care. The arbitration agreement signed by their son plainly bound his heirs to arbitrating a wrongful death claim based on an allegation of professional negligence. Reversed.
Court: California Courts Of Appeal, Judge: Ashmann-Gerst, Filed On: May 10, 2024, Case #: B323237, Categories: arbitration, Health Care, wrongful Death
J. Brown, in this interlocutory appeal, finds the circuit court properly denied the nursing center's motion to compel arbitration in this wrongful death suit. The estate alleges that due to insufficient staffing, the decedent was not turned often enough to prevent the stage 2 wound to her left coccyx, a boil to her left buttock and an unstageable wound to her right heel. The patient was also dehydrated and malnourished, which prevented healing. There is insufficient evidence the decedent authorized her daughter to bind her to arbitration, and the daughter did not have actual authority to enter into the agreement on her mother's behalf. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown, Filed On: May 8, 2024, Case #: CV-23-182, Categories: arbitration, Health Care, wrongful Death
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J. Mitchell finds that the lower court improperly ruled when denying a nursing home’s motion to compel arbitration against two daughter co-guardians of a patient who died in their facility, even with only one daughter signing the the arbitration clause. Each of the co-guardians had "independent authority to sign agreements on behalf of their ward." Reversed.
Court: Alabama Supreme Court, Judge: Mitchell, Filed On: March 22, 2024, Case #: SC-2023-0433, Categories: arbitration, wrongful Death, Guardianship
J. Campbell finds the lower court improperly determined that the decedent’s attorney-in-fact’s action of signing an arbitration agreement upon his admittance to an assisted living center was outside the scope of her power of attorney and was a health care decision. The instant court finds that the arbitration agreement was a stand-alone agreement and the decedent’s admission to the center was not contingent upon the signing of the agreement, therefore it was a legal decision and fell within the parameters of the the attorney-in-fact’s authority. As such, the arbitration agreement is binding in its terms, extending beyond the signing parties to the decedent’s other surviving family, including his son, and requires the wrongful-death claims to be submitted to arbitration. Reversed.
Court: Tennessee Supreme Court, Judge: Campbell, Filed On: February 16, 2024, Case #: M2021-00927-SC-R11-CV, Categories: arbitration, Health Care, wrongful Death
J. Gladwin finds the trial court properly denied the nursing home's motion to compel arbitration. The estate executor attests that admissions paperwork did not contain an arbitration provision, and a separate, voluntary arbitration agreement was sent for her review prior to the deceased party's admission. The executor says that the agreement she reviewed was not the same as the provision incorporated into the admissions agreement, and nothing in the record disputes the executor's sworn statements. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: February 14, 2024, Case #: CV-22-510, Categories: arbitration, Health Care, wrongful Death
J. Gladwin finds the circuit court properly denied the nursing home's motion to compel arbitration on a daughter's negligence claims for injuries and the wrongful death of her mother. The mother allegedly sustained injuries from falls, was subject to inaccurate assessments and incurred a UTI. The arbitration agreement lacks mutuality of obligation and, therefore, is not a valid agreement. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: February 7, 2024, Case #: CV-22-517, Categories: arbitration, Health Care, wrongful Death
J. Mize finds the trial court improperly granted a doctor’s motion of stay and compel arbitration in this wrongful death and medical malpractice suit brought by the parents of a professional baseball player for the Minnesota Twins’ Florida-based minor league team. Their son died from Wolff-Parkinson-White syndrome after he was cleared to continue participation, even though his EKG showed abnormalities. The court holds the parents’ claims were not subject to arbitration and the case is remanded back to the trial court for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Mize, Filed On: December 8, 2023, Case #: 6D23-985, Categories: arbitration, wrongful Death, Medical Malpractice
J. Abramson finds the county court properly denied the nursing center’s motion to compel arbitration in this negligence and wrongful death suit. The deceased party’s sister and administrator of his estate signed the agreement as the “Responsible Party.” A check box indicating whether a “copy of my guardianship papers, durable power of attorney or other documentation has been provided to the Facility and is attached” is left blank. The deceased’s name was not listed within the arbitration agreement, though it was listed on the admission agreement. The nursing center has failed in its burden to prove that the sister “signed in a representative capacity with the legal authority to bind” the deceased party. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson, Filed On: October 4, 2023, Case #: CV-22-397, Categories: arbitration, Health Care, wrongful Death
J. Yun finds the lower court properly denied the apartment complex owners' motion to compel arbitration because the wrongful death claims filed by the estate of the tenant killed in a fire are governed by the Colorado Premises Liability Act, not the parties' lease agreement, and, therefore, were not subject to that contract's arbitration provision. Affirmed.
Court: Colorado Court Of Appeals, Judge: Yun, Filed On: September 21, 2023, Case #: 2023COA84, Categories: arbitration, wrongful Death, Contract
J. Pickering finds that the district court properly denied the hospital's motion to compel arbitration in this wrongful death action. Relevant Nevada Revised Statute provides the heirs with separate causes of action requiring their agreement if arbitration is to be compelled. While the claims derive from the injury to the decedent, that does not authorize the binding of the heirs to arbitration without agreement. The court properly found agreement lacking. Affirmed.
Court: Nevada Supreme Court, Judge: Pickering , Filed On: September 21, 2023, Case #: 83945, Categories: arbitration, Wills / Probate, wrongful Death
J. Rodriguez finds a lower court erred in denying a truck company's motion to stay proceedings and compel arbitration in a lawsuit stemming from a fatal workplace accident. While the worker's widow argues the company is liable for the death because it allegedly failed to train the worker on safe ladder use, there was nonetheless a valid arbitration agreement covering claims that the widow is now making. Reversed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: September 1, 2023, Case #: 08-22-00226-CV, Categories: arbitration, Employment, wrongful Death
J. Abramson finds the circuit court properly denied the health and rehab center’s motion to compel arbitration of the wrongful death complaint brought by the special administratrix of the estate of the deceased. The administratrix did not have authority to bind the deceased to an arbitration agreement. The U.S. Supreme Court, in overruling a cited case, has held that the requirement of an express delegation of authority in a power of attorney to agree to arbitration unlawfully singles out arbitration agreements for different treatment from other agreements in violation of the Federal Arbitration Act. The power-of-attorney statutes at issue do not discriminate against arbitration agreements and the circuit court’s decision does not conflict with the cited case. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson, Filed On: August 30, 2023, Case #: CV-22-497, Categories: arbitration, Wills / Probate, wrongful Death
J. Zainey grants a request by Uber and the estate of a college student to stay a wrongful death suit against the rideshare company and its driver, pending arbitration of claims arising from a traffic accident after he picked up the student from a Mardi Gras weekend parade route in February 2022. If the claims against Uber are not resolved by arbitration, the case will be reopened upon request by any litigant.
Court: USDC Eastern District of Louisiana , Judge: Zainey, Filed On: August 24, 2023, Case #: 2:23cv1533, NOS: Other Personal Injury - Torts - Personal Injury, Categories: arbitration, Transportation, wrongful Death
J. Rosen finds a lower court properly submitted certified questions to the supreme court concerning arbitration proceedings brought by an estate administrator against a conveyor manufacturer. The conveyor manufacturer argued that the estate administrator properly initiated arbitration claims against it after her decedent died in an agricultural accident, and that a second proceeding was barred by the State's one- action rule. However, the estate sufficiently showed in court that an arbitration confirmation does not qualify as a final ruling, and does not bar a second action in federal court under the state's one action rule. Reversed.
Court: Kansas Supreme Court, Judge: Rosen, Filed On: July 21, 2023, Case #: 125,778, Categories: Agriculture, arbitration, wrongful Death
J. Coghran reverses a trial court’s order dismissing and compelling arbitration of a daughter’s negligence claims against her late mother’s long-term care facility. The arbitration agreement in this case is unenforceable, and it is not necessary to address the daughter’s remaining claims that the nursing home’s arbitration agreement was unconscionable. Reversed and remanded.
Court: Illinois Appellate Court, Judge: Coghlan, Filed On: June 5, 2023, Case #: 220391, Categories: arbitration, wrongful Death, Elder Abuse
J. Molberg finds that the lower court improperly compelled arbitration of the appellant's claims in this wrongful death and survival action. The appellees failed to establish "the existence of a valid, enforceable arbitration agreement," as they only attached an unauthenticated agreement to support their motion. Reversed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: June 5, 2023, Case #: 05-21-00904-CV, Categories: arbitration, wrongful Death, Contract
J. Bogardus finds a lower court ruled correctly in denying a motion to compel arbitration brought by a hospital and representatives after they were sued for alleged wrongful death and negligence. The hospital argued that the son of a deceased patient had signed an arbitration agreement, but the hospital has not shown that other parties in this case should be bound by that agreement — and even if they were, the hospital has not shown “clearly and unmistakably” that “gateway issues of arbitrability are to be decided by an arbitrator, rather than the district court.” Affirmed.
Court: New Mexico Court of Appeals, Judge: Bogardus, Filed On: May 25, 2023, Case #: A-1-CA-39835, Categories: arbitration, Negligence, wrongful Death