Florida Supreme Court invalidates arbitration agreements in nursing home cases
Nov 23, 2011
The following article was publishede on November 23, 2011 in The Florida Current:
State Supreme Court invalidates arbitration in nursing home cases
By Travis Pillow
The Florida Supreme Court ruled in two separate cases Wednesday that nursing home arbitration agreements that limit damages in ways that contradict state law are not valid.
In both cases, plaintiffs alleging negligence on the part of the nursing homes had challenged the agreements on public policy grounds, arguing that the limits on punitive damages conflicted with state law.
The 2nd District Court of Appeal had ruled in both cases that it was up to the arbitrator, not the courts, do determine whether the agreements were invalid.
The high court sided with the plaintiffs in 5-2 majorities, with Justices Ricky Polston and Charles Canady dissenting.
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