Eighth Circuit refuses to apply “look through” approach to §4 petitions to compel arbitration under the FAA based on diversity jurisdiction. « Downtown Lawyer

Here is an interesting post I discovered on Jodie Hill’s excellent Downtown Lawyer blog. The case is boring, boring, boring EXCEPT for the premise. It is something that just about knocked me over.

Now we all know that nursing home operators are lowlifes and scumbags very bottom line oriented, often to a severe fault. There have actually been instances reported in which nursing home residents have received inadequate care. Naturally, management has all the bases covered.

It turns out that, in order to be admitted to a nursing home, a circumstance that often occurs in a crisis situation, the patient is often coerced into signing an agreement to arbitrate. This is a gross abuse of power for several reasons.

Families of injured (or deceased) nursing home residents are generally not filing legal actions because the nursing home operator served vanilla pudding instead of butterscotch. These suits represent atrocious  mistreatment for which the offending parties should be held strictly accountable.

Elderly residents of nursing homes are among the weakest and most vulnerable individuals. Nursing home corporations have lawyers on staff whose only job is to work over the residents (using only the niceties of legal process). The old folks are on their own.

I am presuming that the arbitration process works in favor of the nursing home, but they would not insist on it if that were not so. I feel confident that the injured victims of nursing home incompetence and abuse get little to cover expenses and that families of the dead get nothing.

And the rich get richer.

Here is a link to the court case discussion that set me off.

Eighth Circuit refuses to apply “look through” approach to §4 petitions to compel arbitration under the FAA based on diversity jurisdiction. « Downtown Lawyer.


About patlynch
I am a broadcaster in Arkansas, a former freelance writer and political columnist in the Arkansas Democrat-Gazette. Writing Coach. Speaker. Director of the Christian Foundations for Ministry program, and presently enrolled in the Anglican School of Ministry Master of Ministry program.

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