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    Study: Arbitrators Biased, Consumers Lose

  • A recent study, Arbitration with Uninformed Consumers finds that arbitration outcomes are often determined, not by the strength of the case or the law, but by arbitrator bias. Arbitrators, who are paid to hear cases and compete with one another for business, are more likely to side with whichever party is likely to bring them repeat or future work. “Competition among arbitrators for arbitration opportunities can drive all arbitrators to intentionally slant their case decisions.” In consumer disputes, there is no question that businesses are the side most likely to bring repeat or future work, so arbitrators tend to be business-friendly. This study is proof that businesses are acting in their best interest (and not the consumer’s) when they bind consumers to pre-dispute arbitration agreements: arbitration is good for business, bad for consumers.

    An 87-Year-Old Nun Says She Was Raped in Her Nursing Home. Here’s Why She Couldn’t Sue

  • Time Magazine has published a story about an Alabama nursing home resident who was prohibited from suing after she was allegedly raped one night in the facility. A pre-dispute arbitration agreement signed by the resident forced her into arbitration, where nursing home residents typically fare poorly, and the arbitrator ruled against her. Under a proposal from the Trump administration, nursing homes will be able to force all residents into arbitration for resolving disputes, decreasing the chances of residents obtaining justice when victimized.

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    Why do You Hate Grandmothers? Forbes Article Laments Federal Push for Nursing Home Arbitration

  • A recent Forbes Magazine article explains how a lawsuit to prevent lawsuits may have been the first step to worse care in America's nursing homes.

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  • Nursing Home Abuse is the Health Care Story You Should Be Following

  • This Huffington Post article eloquently and succinctly explains why pre-dispute arbitration agreements are a terrible deal for nursing home residents and why we need a federal ban.

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  • Trump wants to deny nursing-home residents and their families the right to sue

  • Thanks to a rule put in place last fall by the Centers for Medicare and Medicaid Services, nursing homes that receive federal funding — which is most of them — could no longer include so-called mandatory arbitration clauses in their contracts. In other words, residents and their family members were given back the right to sue.

  • Now the Trump administration is trying to get rid of that protection.

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  • Arbitration news archives


  • Alliance for Justice Releases "Lost in the Fine Print," a Searing Review of Forced Arbitration - WATCH THIS VIDEO...

What is Arbitration?

What are Arbitration Agreements?

 

Justice Denied - A Personal Story About Nursing Home Arbitration Agreements

Why are they bad for Long Term Care Residents?

 

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