- Docket No.
- Supreme Court
- Invalidate all or part of a federal regulation
Why this Matters
The plaintiffs challenge a regulation prohibiting long-term care facilities from entering into certain arbitration agreements—waiving the right to pursue claims in court, and shifting disputes into a venue where nursing homes have more leverage—with residents or their representatives. Plaintiffs argue that the regulation violates the Administrative Procedure Act, the Federal Arbitration Act, and the Regulatory Flexibility Act. The unique dynamics and vulnerability for older adults and their families associated with nursing home admission have raised concerns about forced arbitration clauses jeopardizing consumer protections.
The inability for the federal government to craft regulations related to nursing home arbitration agreements could jeopardize consumer protections and remove options to pursue health and safety claims in court.
7 Major Filings
- Opinion Petition Denied (Oct 3, 2022)
- Reply Brief for Petitioner (Sep 6, 2022)
- Brief of Respondents Department of Health and Human Services (Aug 1, 2022)
- Petition for Writ of Cert (May 13, 2022)
- Application to Extend Time to File Petition for Writ of Cert (Feb 22, 2022)
- Application to Further Extend Time to File Petition for Writ of Cert (Dec 14, 2021)
- Amicus Brief of Arkansas Health Care Association