Split W.Va. High Court Undoes Nursing Home Arbitration Unconscionability Ruling

Mealey's (June 26, 2020, 1:55 PM EDT) -- CHARLESTON, W.Va. — A West Virginia trial court erred in determining that a nursing home could not apply an arbitration agreement to wrongful death claims, a majority of the West Virginia Supreme Court of Appeals ruled in a June 16 memorandum that included a partial dissent holding that a “loser pays” provision in the agreement was unconscionable and a dissent that held that to apply the agreement would breach the state’s constitution (Stonerise Healthcare, LLC., et al. v. Susan K. Oates., No. 19-0215, W.Va. Sup., 2020 W.Va. LEXIS 388),...