Tag Archives: ForcedArbitration

Has Forced Arbitration Been Forced Out of Nursing Homes?

A few months ago, the personal injury attorneys here at Colson Hicks Eidson brought you the story of a 100-year-old woman who was murdered by her unstable roommate in a nursing home. The woman’s son quickly pursued negligence charges against the nursing home because of the roommate’s record of violence, but he was blocked by the forced arbitration clause hidden in the contract he signed when his mother was admitted. However, new efforts by lawmakers might keep this man’s tragedy from being repeated. Will Nursing Homes Be Forced to Abandon Forced Arbitration? An agency within the Health and Human Services Department (HHS) is pushing to institute a new rule that could put a stop to forced arbitration in Nursing homes. It would prevent nursing homes that receive federal cash from requiring that their residents solve legal disputes with the nursing home through arbitration. This is a big change for millions…
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Fixing Arbitration Just Took a Huge Step Forward

Do you remember what forced arbitration is? It’s when a company sneaks a clause into a contract that actually strips you of your right to take it to court. If you sign such a contract, then you would be forced to go to arbitration if you are wronged by the company you signed on with. This kind of clause has been slipped into cellphone contracts, employment contracts and even nursing home contracts. However, a federal lawsuit could change how forced arbitration works, and it all starts with investments. Is Fixing Arbitration Possible? You see, Texas is suing the U.S. Department of Labor (DoL) over new fiduciary rules. These rules would force financial advisors to make recommendations in the interest of their clients, and it would force individual insurance agents to become registered investment advisors. But the rules would also prohibit financial advisors from using forced arbitration clauses to keep investors…
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Is Arbitration Turning Civil Court Into Corporate Court?

Have you heard of arbitration? It’s a separate legal system used by corporations to handle disputes with employees and consumers. The institutions that use this system claim that it is fair and faster than the regular court system, but what they won’t tell you is that they can influence arbitration in their favor, and they can force you into arbitration instead of letting you take them to court. Is Arbitration Turning Civil Court Into Corporate Court? Hidden within employment and consumer contracts are little clauses known as forced arbitration agreements. Companies have been using them more and more since the 1980s, and these legal clauses are built for one purpose, to strip away the constitutional rights of whoever signs on the dotted line. The clauses can be found in cellphone statements, employment contracts, and even in nursing home agreements. They prevent the signer from taking any disputes they may have…
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Murder at Sunset: How Arbitration Clauses Are Causing Elder Abuse

She was friendly, and at the age of 100, this nursing home resident was known for walking the halls and asking fellow residents if they wanted a hug. She was so nice that she even befriended her latest roommate, a woman who had been diagnosed with anxiety disorder, delusions, dementia, depression and paranoia. Murder At Sunset In September 2009, the 100-year-old woman was found in her room after being suffocated with a shopping bag. The police charged her 97-year-old roommate with the murder, but due to her mental condition, she was committed to a state hospital. For most people, that would be the end of this story, but the 100-year-old woman’s son was not satisfied. He wanted to know why nursing home officials had placed a resident with a violent history and psychiatric diagnoses in the same room as his kind, gentle mother. So he took the nursing home to…
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Is Forced Arbitration Helping Nursing Homes Abuse Seniors?

It’s like a get-out-of-jail-free card for banks, corporations and cell phone providers, but most of America doesn’t know about it. Forced arbitration clauses are the newest method for stripping constitutional rights away from consumers. These clauses block class action suits, force individuals into expensive arbitration, and help companies get away with illegal acts against consumers. Now parts of the healthcare industry have started using these clauses to shield themselves from angry victims. Is Forced Arbitration Helping Nursing Homes Abuse Seniors? A man went to visit his 83-year-old mother in a nursing home only to find the woman unconscious and nonresponsive. The paramedics were called immediately, but it was no use: the woman passed away the next day. This man and his family were shocked by this sudden passing, but they were far more surprised when an autopsy revealed that the woman had 20 times the recommended dose of the diabetes…
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Banks Fight For Forced Arbitration: Why You Should Be Worried

Sometimes they are called “pre-dispute arbitration clauses,” sometimes they are called “mandatory binding arbitration clauses,” but they are still the same thing—forced arbitration. These clauses are hidden in contracts given to consumers by big banks and credit card companies, and they prevent you from taking these institutions to court if you have been wronged. It’s a trend that the Consumer Financial Protection Bureau (CFPB) is trying to curtail, but the banks aren’t ready to give up this so called “get-out-of-jail free card.” Banks Fight For Forced Arbitration: Why You Should Be Worried Hidden deep within the Financial Services and General Government Appropriations Act is a tiny section called Sec. 632—the Womack-Graves Amendment. The small part of the 162-page document would block the CFPB from using its funding to restrict the use of forced arbitration clauses. The bill writers claim that enough research has yet to be done on the subject,…
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