U.S. Supreme Court: FAA Preempts State Law Barring Arbitration of Personal Injury, Wrongful Death Claims

WASHINGTON, D.C. - A West Virginia appellate court erred in ruling that all predispute arbitration agreements that apply to personal injury or wrongful death claims against nursing homes are unenforceable, the U.S. Supreme Court has ruled, explaining that this holding contravenes AT & T Mobility LLC v. Concepcion. Marmet Health Care Center Inc., et al. v. Brown, et al., Nos. 11-391, 11-394 (U.S. Sup. Ct.).

In a Feb. 21 per curiam opinion, the high court held that the Federal Arbitration Act preempts the state law prohibiting arbitration of such claims.

Three negligence suits were brought against nursing homes in …