Arbitration Agreement Ruled Invalid, Litigation against Nursing Home to Proceed

An Illinois appellate court has upheld a trial court's ruling that an arbitration agreement between a nursing home and resident is invalid, and that arbitration may not be compelled in a suit alleging negligence that led to the resident's death.

The plaintiff's mother resided at the nursing home from August 2017 to February 2018. At her admission, the plaintiff, acting under a power of attorney for his mother, signed an arbitration agreement and a separate residential agreement with the nursing home. The arbitration agreement compelled arbitration to resolve any disputes arising out of the resident's care at the...