Supreme Court Upholds Applicability of Federal Arbitration Act to Predispute Nursing Home Arbitration Agreements

The use of arbitration clauses in nursing home admission agreements is a growing trend.  In some states, however, there is bias against the enforcement of such clauses, particularly those adopted prior to the occurrence of the events that give rise to the dispute.  Some state courts have gone so far as to hold that predispute […]

Federal Appellate Courts Now Split over PPACA’s Individual Mandate

Late Friday afternoon the Eleventh Circuit Court of Appeals ruled that PPACA’s “individual mandate” – requiring virtually every American to purchase health insurance by 2014 – is unconstitutional.  In a 2-1 opinion exceeding 300-pages in length, the majority reasoned that upholding the controversial mandate would grant Congress powers beyond those intended by the Constitution. The […]