Calif. Panel Says Nursing Home Suit Belongs In Arbitration

Law360, Los Angeles (August 1, 2017, 6:45 PM EDT) -- A split California appellate panel on Monday reversed a trial judge's decision denying arbitration in a suit accusing a nursing home of causing a patient's death, ruling that the arbitration agreement was enforceable despite the patient's death prior to the expiration of a "cooling-off period" required by state law.

In a 2-1 precedential ruling, a three-judge Fourth Appellate District panel said a trial judge was wrong to deny arbitration in a suit filed by estate administrator Talmadge Baker accusing La Paloma Healthcare Center, a nursing home owned by Italian Maple Holdings LLC, of providing negligent treatment for patient Marlene Baker LaBerge,...

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