8th Cir. Resists Opportunities to Nix Nursing Home Arbitration

The plaintiff offered the Eighth Circuit several reasons to rule that he needn’t arbitrate claims against his father’s nursing home.  But, figuratively swimming against the juridical current, the Eighth Circuit rejected all of them. When Eddie Robinson’s father entered Pine Hills nursing home, he signed …

[Read more...]

Continuing Assaults on Surprise Out-of-Network Bills

California struck the most recent blow against surprise out-of-network medical bills.  Surprise bills are different from the bills you get when you knowingly choose an out-of-network provider.  Those are painful, but they aren’t a surprise.  The classic example of a surprise bill is the one an out-of-network …

[Read more...]

Another Judicial Assault on Nursing Home Arbitration

They seem to come on an almost weekly basis: judicial rejections of arbitration provisions in nursing home contracts.  The Sept. 22 attack by the Florida Supreme Court is the latest, and one of the harshest. When Juan Sr. entered the home in 2009, a physician determined that he lacked the capacity to sign for …

[Read more...]

Management Contracts For Projects Financed With Tax-Exempt Bonds

Government and nonprofit borrowers recently received some favorable new rules from the IRS regarding management contracts for projects financed with tax-exempt bonds. Rev. Proc. 2016 44 provides flexible guidance to determine when management contracts and similar service agreements involve problematic private use. …

[Read more...]

Policy for Employee Theft Including Forgery Doesn’t Cover Employee Forgery

A seller extends $90 million in credit to a customer, secured by letters of credit.  When the debtor can’t pay, the seller discovers the instruments are fakes, forged by its own employee.  Can the seller recover under a policy that covers employee theft, including forgery? Tesoro refinery sold fuel on …

[Read more...]

Arbitrator to Decide Whether Arbitrator to Decide

Who gets to decide who gets to decide whether a claim can be arbitrated?  That was the question before the California Supreme Court---not whether a claim can be arbitrated, but who gets to decide that question?   Is it an arbitrator, or is it a court?  The court addressed the question in its July 28 opinion in …

[Read more...]