GSB Healthcare Team Receives Favorable Ruling on the Arbitrability of Wrongful Death Claims
On August 8, 2016, the GSB Healthcare Team received a favorable ruling in Federal Court on the arbitrability of wrongful death claims. At issue in the case was an arbitration agreement signed by the nursing home resident’s daughter, both in her individual capacity and in her capacity as the resident’s attorney-in-fact. Distinguishing the case before it from the case before the Sixth Circuit in Richmond Health Facilities v. Nichols, 811 F.3d 192 (6th Cir. 2016), the Court held that the Estate must arbitrate its wrongful death claim against the nursing home because the resident’s daughter, a wrongful death beneficiary, personally entered into the agreement to arbitrate any future wrongful death claims.