Category: Arbitration: Section 1295 (Medical Malpractice)

Arbitration, Section 1295: Fourth District, Div. 1 Holds That Arbitration Agreement In Medical Service Contract Is Effective On Execution

August 1, 2017 · Arbitration: Section 1295 (Medical Malpractice)

Justice Huffman Dissents. Baker v. Italian Maple Holdings, LLC, D069797 (4/1 7/31/17) (Aaron, O'Rourke; Huffman, dissenting), an elder abuse, negligence, wrongful death case, holds that a medical services agreement becomes effective upon execution, and that the 30-day "cooling off" period in Cal. Code of Civ. Proc. section 1295 is not a condition precedent to […]

Arbitration, Medical Malpractice, FAA: Federal Arbitration Act Preempts California’s Statutory 30-Day Rescission Provision Applying To Arbitration Of Medical Malpractice Disputes

June 23, 2016 · Arbitration: Federal Arbitration Act, Arbitration: Section 1295 (Medical Malpractice)

For Preemption Purposes, “Involving Commerce” In The FAA Is Broader Than “In Commerce”, Making It Easy To Find Preemption. Physicians don’t like to defend medical malpractice cases in front of juries, and Scott v. Yoho, B265641 (2/5 6/22/16) (Turner, Kriegler, Kumar) will make it easier for them to arbitrate malpractice cases and avoid juries […]

Arbitration/Section 1295/Section 1281.2: Fourth District, Division 2 Affirms Denial Of Petition To Arbitrate Wrongful Death Claim Against Senior Living Center Outside Context of CCP Section 1295

January 6, 2013 · Arbitration: Nonsignatories, Arbitration: Section 1295 (Medical Malpractice), Arbitration: Third Party Beneficiaries

In Which We Inaugurate A New Side Bar Category: Section 1295 (Medical Malpractice) “The Patient.” Frederic Dorr Steele, artist. 1901. Library of Congress. The plaintiff in the next case, Norma Daniels, is alive. Her mother, Margaret Barcenas, is dead. Ms. Daniels sued a residential care facility for the elderly (RCFE), its […]

Arbitration: Third District Rules That FAA Does Not Preempt California Arbitration Statute Allowing for Denial of Arbitration Where There Is Possibility of Conflicting Rulings

April 11, 2012 · Arbitration: Equitable Estoppel, Arbitration: Federal Arbitration Act, Arbitration: Nonsignatories, Arbitration: Section 1281.2, Arbitration: Section 1295 (Medical Malpractice)

Elder Abuse of Parent and Emotional Distress of Daughter Set Up Possibility of Conflicting Rulings The trial court denied motions of operators of skilled care nursing facilities to compel arbitration of parent’s Elder Abuse claim that was subject to arbitration. Why? Because the daughter’s claim of emotional distress caused by her mother’s alleged […]