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Colo. Justices Say Nursing Home Arbitration Clause OK

Law360 (June 12, 2018, 10:27 PM EDT) -- A split Colorado Supreme Court has ruled that an arbitration agreement in a nursing home admission contract that was not in bold type as required is still valid in a personal injury suit, saying substantial compliance rather than strict compliance with the state’s Health Care Availability Act is appropriate.

In a 4-2 decision, the state’s highest court on Monday overturned a lower appeals court’s decision to deny arbitration in a suit brought by Amy Fischer. The plaintiff accused a Colorow Care Center employee of assaulting her...
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