Nursing homes continue to attempt to avoid trial by jury by requiring residents to sign arbitration ageements. And the Tennessee courts continue to insist that if nursing homes are going to do so they must follow the law.
Here are two decisions that refuse to enforce arbitration provisions in nursing home contracts because they contracts were signed by a person other than the nursing home resident or appropriate representative: McKey and Ricketts. Both cases were decided on August 15 by the Tennessee Court of Appeals and were authored by Judge Andy Bennett.
UPDATE: And here is another decision, this one from Special Judge Walter Kurtz: Jones. Jones was released on August 20, 2008.