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Steven M. Sellers
The Federal Arbitration Act preempts a state law barring arbitration clause enforcement in nursing home contracts where negligence results in personal injury or death, the U.S. Supreme Court said in a per curiam opinion that vacated a West Virginia Supreme Court ruling exempting nursing home contracts in that state from the FAA’s reach. The Court did suggest that the FAA may not extend to nursing home contracts that are shown to be unconscionable under state laws that are not specific to arbitration. John Vail, vice president and senior litigation counsel of the Center for Constitutional Litigation, Washington, D.C., called the Court’s decision “regrettable but predictable.”