Arbitration Victory in Nebraska
McKnight's had an article about the recent Nebraska Supreme Court decision denying the nursing home's motion to compel arbitration. See Order here. This is a big victory for residents and their families.
"Beverly Hallmark knew of Manda’s limited ability to understand these documents, or she would not have been asking her son Frank to sign them for her. Nothing in the record suggests that a reasonable person should have expected an arbitration agreement to be included with admission documents for a nursing home. So Beverly Hallmark was not justified in relying solely on Manda’s authorization of Frank to sign admission papers as apparent authority to bind her to an arbitration agreement."
