Legal Opinion
Brown ex rel. Brown v. Genesis Healthcare Corp.
West Virginia Supreme Court
Decided June 13, 2012No. Nos. 35494, 35546, 35635PublishedCited by 54 opinions
1Opinion of the Court
KETCHUM, Chief Justice:
The instant case is a consolidation of three separate wrongful death lawsuits. The case was previously before this Court, and in June 2011, we issued an opinion: “Brown I.”1 Each lawsuit arose from a nursing home’s attempt to compel a plaintiff to participate in arbitration, pursuant to a clause in a nursing home admission contract. Our opinion discussed the common law doctrine of uneonscionability, and found one section of the West Virginia Nursing Home Act — which, in part, prohibited arbitration clauses in nursing home contracts — was preempted by the Federal…
2Cases cited33 opinions
- Prima Paint Corp. v. Flood & Conklin Mfg. Co.Supreme Court of the United States · 1967
- Gilmer v. Interstate/Johnson Lane Corp.Supreme Court of the United States · 1991
- Green Tree Financial Corp.-Alabama v. RandolphSupreme Court of the United States · 2000
- Mastrobuono v. Shearson Lehman Hutton, Inc.Supreme Court of the United States · 1995
- Armendariz v. Found. Health Psychcare Servs., Inc.California Supreme Court · 2000
28 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Dan Ryan Builders, Inc. v. NelsonWest Virginia Supreme Court · 2012
- Taylor v. Extendicare Health Facilities, Inc.Supreme Court of Pennsylvania · 2016
- Credit Acceptance Corp. v. Robert J. and Billye S. Front, etc.West Virginia Supreme Court · 2013
- Cara New v. Gamestop, Inc.West Virginia Supreme Court · 2013
- State ex rel. Johnson Controls, Inc. v. TuckerWest Virginia Supreme Court · 2012
49 more not listed; retrieve them via the Exa API.