NJ Care Home Wants Info On Patient's Ability To OK Contract

Law360, Jersey City (June 18, 2019, 4:58 PM EDT) -- Counsel for a nursing facility in a medical malpractice action urged a New Jersey state appellate panel Tuesday to enable limited discovery on whether a former patient had the mental capacity to enter into an arbitration agreement with the business, citing Third Circuit precedent on the formation of such a contract.

Shane P. Simon of Buchanan Ingersoll & Rooney PC, representing 20 Summit Street Operations LLC, invoked the Third Circuit's 2013 Guidotti v. Legal Helpers Debt Resolution opinion in calling on the panel to overturn a trial court's ruling from last year. The lower court had denied the company’s bid to...

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