9th Circuit: 1 Resident Must Arbitrate Some Claims Against Senior Living Facility

Mealey's (April 28, 2020, 1:15 PM EDT) -- SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel on April 24 affirmed a lower court’s findings that the most recent residency agreement governing a resident’s stay at an assisted living facility superseded earlier agreements in which she had agreed to arbitrate claims against the facility and that a second resident was not required to arbitrate his Unruh Civil Rights Act and Americans with Disabilities Act (ADA) claims; however, the panel said the second resident must arbitrate claims that are subject to the residency agreement (Stacia Stiner, et al. v. Brookdale Senior Living, Inc., et al., 9th Cir., No. 19-15334, 2020 U.S. App. LEXIS 13220)....