Marmet Health Care Center v. Brown (U.S. Supreme Court)

We represented one of the petitioners in its efforts to seek review of the West Virginia Supreme Court of Appeals’ holding that, as a categorical matter, agreements to arbitrate personal injury or wrongful death claims against nursing homes are unenforceable under West Virginia law.  The U.S. Supreme Court granted our request for summary reversal, holding—without the need for merits briefing or oral argument—that the West Virginia high court’s rule was inconsistent with the Federal Arbitration Act and therefore was preempted.