Enforcement of Mandatory Arbitration Provision under the Federal Arbitration Ace in a Nursing Home Negligence Claim
Jeff Muskopf won a significant victory for a nursing home in a lawsuit brought by a patient who made claims of negligent care. The contract between the nursing home and the patient required the patient’s claims to be resolved in binding arbitration instead of through the court system. The nursing home moved to compel arbitration pursuant to this provision and the Federal Arbitration Act. After the trial court and the intermediate appellate court denied the nursing home's motion, the Supreme Court of Illinois reversed the decisions of the lower court. The Supreme Court’s decision affirms the rights of individuals and businesses to agree to resolve their disputes in arbitrations well as the applicability of the Federal Arbitration Act in Illinois.