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Daniel G. Fish, a principal in Daniel G. Fish, LLC, writes that the Fairness in Nursing Home Arbitration Act, which would prohibit pre-dispute arbitration agreements between a long-term care facility and its residents or those who act on behalf of its residents, has started a debate between those who argue in favor of arbitration's efficiency and those who hold that, given the fundamental rights at stake and the relative inequality of the bargaining positions, mandatory pre-dispute arbitration harms the one and a half million residents in nursing homes. Several state Supreme Courts have addressed this issue with non-uniform results because the cases are fact sensitive and there are a number of different legal theories relied upon.
June 03, 2009 at 12:00 AM
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