WV Supreme Court To Reconsider Nursing Homes Ruling

{Charleston, West Virginia}...The U.S. Supreme Court ruled Tuesday that West Virginia's highest court incorrectly interpreted a federal law when it ruled that nursing homes can't use arbitration to avoid lawsuits over residents' care. The state court ruled in July 2011 that the Federal Arbitration Act didn't apply to the cases. Its ruling said Congress didn't intend for the law to apply to personal injury or wrongful death lawsuits. The U.S. Supreme Court sent the case back to the West Virginia Supreme Court for reconsideration, saying the interpretation is both incorrect and inconsistent with its own interpretation of the law. The court also says the law doesn't contain any exceptions for personal injury or wrongful death claims.