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W. Va. high court rules forced arbitration clauses in nursing home agreements are unconscionable

While the court found that the Federal Arbitration Act preempts a state law providing that any arbitration clauses in contracts between nursing homes and residents are null and void, it ruled that "Congress did not intend for arbitration agreements, adopted prior to an occurrence of negligence that results in a personal injury or wrongful death" to be covered by the act.

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