Florida Supreme Court rejects arbitration in nursing-home injury case

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Florida Supreme Court Clarifies Standards for Enforcement of Arbitration Clauses On March 20, 2014, the Florida Supreme Court decided Basulto v. Hialeah Automotive , 39 Fla. L. Weekly S 140, concerning whether a buyer was required to arbitrate a dispute with a seller.

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Law360, Los Angeles (May 15, 2017, 10:35 AM EDT) — The U.S. Supreme Court ruled Monday that the Kentucky high court’s refusal to send to arbitration a wrongful death suit filed against a nursing home.

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 · In the wake of a Florida court’s decision to award an injured workman benefits amounting to $820 of which $164 went to his attorney, the Florida Supreme Court revoked the amendment deeming the "reasonable fee" unreasonable. The employee’s lawyer spent over 100 hours working on the case and was rewarded with an amount that came out to $1.53 per.

The Court must consider whether federal law preempts state law regarding arbitration clauses in powers-of-attorneys. Kindred Nursing Centers argues that state law, which requires principals to explicitly authorize an agent to enter into arbitration agreements, violates the Federal Arbitration Act.

Harkness Jr., Gregory W. Coleman and Ramon A. Abadin and by Barry Richard of Greenberg Traurig LLP. The case is In re: Amendments to Rule Regulating The Florida Bar 1-7.3, case number SC14-1165, in.

Crespo, the Supreme Court of Florida ruled that a medical malpractice arbitration agreement executed by a woman who delivered a stillborn fetus after being turned away from a doctor’s appointment was void as a matter of public policy.

 · In a case called Aubin v. Union Carbide Corp., 177 So.3d 489 (Fl 2015), the Florida Supreme Court rejected the Third Restatement’s formulation of design defects and, specifically, the notion that a product can’t be considered defective unless the plaintiff can show a reasonable alternative design. The Court preferred to retain the approach of Restatement (Second).

Law360, Miami (January 23, 2018, 3:12 PM EST) — The Florida Supreme Court on Tuesday declined. The state’s highest court declined to accept jurisdiction in the case, leaving in place a Third.

Earlier this month the Florida Supreme Court heard a case involving a nursing home negligence allegation. However, the state’s Supreme Court wasn’t ruling on the accusation of negligence, but rather on the enforceability of a nursing home arbitration provision in the contract.

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