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Articles Posted in Arbitration

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Court Allows Case to Proceed Due to Potentially Invalid Nursing Home Arbitration Agreement

These days, nursing homes in Maryland and throughout the country often require nursing home residents to sign arbitration agreements upon admission. In a recent case before a state appellate court, the court allowed a case against a nursing home to proceed after the family disputed the validity of the arbitration…

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Court Holds Verbal Consent to Sign Was Sufficient to Enforce Nursing Home Arbitration Agreement

If a resident of a Maryland nursing home has signed an arbitration agreement, they will be prevented from filing a case against the nursing home in court and must instead pursue their claim through the arbitration process. Thus, one of the earliest and most important considerations in a Maryland nursing…

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Court Upholds Validity of Nursing Home Arbitration Contract in Recent Personal Injury Case

Recently, a state appellate court issued a written opinion in a personal injury case that illustrates a key issue that arises in many Maryland nursing home negligence cases. The case presented the court with the opportunity to discuss the validity of an arbitration clause contained in the nursing home’s pre-admission…

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Court Upholds Nursing Home Arbitration Agreement Despite Failure to Print Language in Bold as Required

A state appellate court recently ruled on a case in which a nursing home’s arbitration agreement failed to strictly comply with the state’s requirements concerning arbitration agreements. In that case, when the patient had moved into the nursing home, she received an admissions packet with forms that included an arbitration…

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Maryland Nursing Home Arbitration Clauses May Be Procedurally or Substantively Invalid

The right of unhindered access to the court system is one of the bedrock principles the founding fathers enshrined in the United States Constitution. At its essence, the concept stands for the proposition that anyone who has been harmed by another party should have equal access to a neutral forum…

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