Federal Arbitration Act

The Supreme Court once again affirmed federal policy favoring arbitration this week as it reversed the Supreme Court of Appeals of West Virginia in Marmet Health Care Center, Inc. v. Brown.

The state high court had held unenforceable all predispute arbitration agreements that apply to claims alleging personal injury or wrongful death against nursing homes, based on West Virginia’s public policy. But the Supreme Court held that the public policy of a state is not a sufficient basis for refusing to enforce an arbitration agreement. The Supreme Court wasn’t subtle in disagreeing with the lower court’s decision:

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