1st Circuit Affirms Nursing Home Wrongful Death Claim Must Be Arbitrated

Mealey's (May 14, 2020, 8:59 AM EDT) -- BOSTON — A First Circuit U.S. Court of Appeals panel on May 11 affirmed a lower court’s ruling compelling arbitration of a wrongful death claim brought by a deceased nursing home resident’s statutory beneficiary in light of the Massachusetts Supreme Judicial Court’s finding, in answering two certified questions, that the claim was derivative of the decedent’s action and that the beneficiary is therefore bound to an arbitration agreement she signed when the decedent was admitted to the nursing home (GGNSC Administrative Services LLC, et al. v. Jackalyn M. Schrader, No. 18-1779, 1st Cir., 2020 U.S. App. LEXIS 14937)....