{"id":844,"date":"2016-06-13T07:22:03","date_gmt":"2016-06-13T12:22:03","guid":{"rendered":"http:\/\/www.illinoisinjurylawyerblog.net\/?p=844"},"modified":"2018-04-12T12:39:53","modified_gmt":"2018-04-12T17:39:53","slug":"court-finds-nursing-home-waived-right-arbitration-despite-signed-arbitration-clause","status":"publish","type":"post","link":"https:\/\/www.molllawgroup.com\/blog\/court-finds-nursing-home-waived-right-arbitration-despite-signed-arbitration-clause\/","title":{"rendered":"Court Finds Nursing Home Waived Its Right to Arbitration Despite Signed Arbitration Clause"},"content":{"rendered":"

Businesses are smart and often will do anything to avoid litigation. Many businesses now include an arbitration clause in their contracts\u2014requiring claims to be resolved out of court. However, in a recent case<\/a>, a state\u2019s supreme court found that even though\u00a0a contract included an arbitration clause, it would not be enforced because the business waived its right to arbitration.<\/p>\n

A woman placed her mother in a nursing home. When she enrolled her mother, she signed an arbitration agreement with the home. Later, she requested access to her mother\u2019s medical records. The nursing home refused, citing privacy laws. The two parties continued the dispute in court. Two years later, her mother passed away.<\/p>\n

After her mother\u2019s death, the woman filed a notice of intention to file a wrongful death action against the nursing home. The nursing home asserted arbitration as a defense but did not require that the case be moved to arbitration at that time. Instead, it continued with the case in court, including appearing in court several times and responding to discovery. The plaintiff responded that the home had waived its right to arbitration because it had never requested arbitration during her case requesting her mother\u2019s records. Soon afterward, the home argued that the case had to be moved to arbitration. The plaintiff argued that the home waived its right to arbitration by participating in discovery and appearing multiple times in court.<\/p>\n

Continue reading \u2192<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

Businesses are smart and often will do anything to avoid litigation. Many businesses now include an arbitration clause in their contracts\u2014requiring claims to be resolved out of court. However, in a recent case, a state\u2019s supreme court found that even though\u00a0a contract included an arbitration clause, it would not be enforced because the business waived […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[26],"tags":[],"class_list":["post-844","post","type-post","status-publish","format-standard","hentry","category-nursing-home-abuse-and-neglect"],"yoast_head":"\nCourt Finds Nursing Home Waived Its Right to Arbitration Despite Signed Arbitration Clause — Illinois Injury and Mass Tort Lawyer Blog — June 13, 2016<\/title>\n<meta name=\"description\" content=\"Businesses are smart and often will do anything to avoid litigation. 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