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Pa. Court Favors Nursing Home In Arbitration Ruling

Law360, Philadelphia (July 10, 2014, 7:00 PM EDT) -- The Pennsylvania Superior Court on Thursday invoked the liberal policy favoring arbitration agreements mandated by both the Federal Arbitration Act and state law when it overturned a trial court ruling and sent a negligence suit against a nursing home facility to arbitration.

In a published opinion, the appeals court agreed that a valid arbitration agreement existed between Manor Care of Yeadon LLC and Richard McPherson, who died at the facility in 2010.

The court also distinguished the case from a recent ruling in which it found that contracts with arbitration provisions inked by decedents cannot preclude heirs from bringing wrongful death...

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