The Federal Arbitration Act preempts state laws that categorically prohibit the arbitration of specific types of claims (governing arbitration agreements between nursing homes and residents).
After a state supreme court held that all predispute arbitration agreements involving personal injury or wrongful death claims against nursing homes were unenforceable under state public policy, the question arose whether the Federal Arbitration Act preempts such a rule. The court applied the Federal Arbitration Act, which requires courts to enforce arbitration agreements according to their terms and places them on equal footing with other contracts. The court held that when state law prohibits the arbitration of a particular type of claim, the conflicting rule is displaced by the Federal Arbitration Act. Consequently, the state's categorical prohibition is preempted by federal law.
At page 533 FAA preemption of state laws prohibiting arbitration45 citing cases“west virginia's prohibition against predispute agreements to arbitrate personal-injury or wrongful-death claims against nursing homes is a categorical rule prohibiting arbitration of a particular type of claim, and that rule is contrary to the terms and coverage of the faa.”
- Benson v. Casa De Capri Enter. LLC, No. 2:18-cv-00006 (D. Ariz. July 30, 2019).(West 2 Virginia’s prohibition against predispute agreements to arbitrate personal-injury or 3 wrongful-death claims against nursing homes is a categorical rule prohibiting arbitration 4 of a particular type of claim, a…)
- Wickberg v. Lyft, Inc., No. 1:18-cv-12094 (D. Mass. Dec. 19, 2018).([The FAA] ‘reflects an emphatic federal policy in favor of arbitral dispute resolution.’)
- GGNSC Chestnut Hill LLC v. Schrader, No. 1:16-cv-10525, 2018 WL 1582555 (D. Mass. Mar. 31, 2018). ([w]hen state law prohibits outright the arbitration of a particular type of claim, the analysis is straightforward: The conflicting rule is displaced by the FAA)
- McInnes v. LPL Fin., LLC, 994 N.E.2d 790 (Mass. 2013).publishedSee also Marmet Health Care Ctr., Inc. v. Brown, 132 S. Ct. 1201, 1203-1204 (2012) (“West Virginia’s prohibition against predispute agreements to arbitrate personal-injury or wrongful-death claims against nursing homes is a categorical rul…
- Brewer v. Missouri Title Loans, 364 S.W.3d 486 (Mo. 2012).published Marmet, 565 U.S. ___ , 132 S.Ct. at 1204 ("It is unclear, however, to what degree the state court's alternative holding [of unconscionability] was influenced by the invalid, categorical rule discussed above, the rule against predispute arb…
- Wickberg v. Lyft, Inc., 356 F. Supp. 3d 179 (D.D.C. 2018).published ([The FAA] 'reflects an emphatic federal policy in favor of arbitral dispute resolution.')
- Grkman v. 890 Weatherwood Lane Operating Co., 189 F. Supp. 3d 513 (W.D. Pa. 2016).published (West Virginia’s prohibition against pre-dispute agreements to arbitrate personal injury or wrongful death claims against nursing homes is a categorical rule prohibiting arbitration of a particular type of claim, and th…)
- Jennings v. Ed Napleton Elmhurst Imports Inc., No. 1:23-cv-14099 (N.D. Ill. Feb. 11, 2025).Cf. Marmet Health Care Ctr., Inc. v. Brown, 565 U.S. 530, 532-33 (2012) (per curiam) (finding preempted a West Virginia law prohibiting “agreements to arbitrate personal-injury or wrongful-death claims against nursing homes”).
- Redensky v. Verizon Commc'ns Inc., No. 1:23-cv-01579 (M.D. Pa. Oct. 15, 2024).“reflects an emphatic federal policy in favor of arbitral dispute resolution”
- MBC Dev., LP v. Miller, J., 316 A.3d 51 (Pa. 2024).published(discussing the evolution of federal law establishing that the FAA displaces contrary state law)
Show 34 more citing cases
- El Jen Med. Hosp. v. Tyler, 535 P.3d 660 (Nev. 2023).publishedIn Marrnet, the United States Supreme Court struck down "West Virginia's prohibition against predispute agreements to arbitrate personal-injury or wrongful-death claims against nursing homes" as "a categorical rule prohibiting arbitration…
- TVT 2.0 v. Frontiere, No. 2:23-cv-00211 (D. Utah Aug. 29, 2023).But because the FAA reflects an “emphatic federal policy” in favor of arbitration, Marmet Health Care Ctr., Inc. v. Brown, 565 U.S. 530, 533 (2012) (citation omitted), “all doubts must be resolved in favor of arbitration.” Harrison, 59 F.4…
- SiriusPoint Ltd. v. Davis, No. 1:22-cv-07955 (S.D.N.Y. July 11, 2023).“reflect[] an emphatic federal policy in favor of arbitral dispute resolution”
- Ursulich v. Vivint Solar, No. 2:21-cv-00661 (D. Utah Mar. 3, 2023).(invalidating “West Virginia’s prohibition against predispute agreements to arbitrate personal- injury or wrongful-death claims against nursing homes” as “contrary to the terms and coverage of 5 the FAA.)
- Kevin Johnson v. Walmart Inc., 57 F.4th 677 (9th Cir. 2023).published“reflects an emphatic federal policy in favor of arbitral dispute resolution”
- Smith v. Ironworks Dev., LLC, No. 3:22-cv-00020 (W.D. Va. Oct. 14, 2022).“reflects an emphatic federal policy in favor of arbitral dispute resolution”
- Cashout, LLC v. Hall, No. CUMcv-22-143 (Me. Super. Ct Aug. 30, 2022).unpublishedSTANDARD OF REVIEW The Federal Arbitration Act (the "FAA") reflects a strong federal policy in favor of arbitration. 9 U.S.C. §§ 1-16 ; Nfarmet Health Care Ctr., Inc. v. Brown, 565 U.S. 530,533 (2012).
- Prestonwood Tradition, LP v. Sherril Kerr, No. 05-20-00388-CV (Tex. App.—Dallas Aug. 5, 2022).publishedP’ship v. Clark, 137 S. Ct. 1421, 1426 (2017) (same); Marmet Health Care Ctr., Inc. v. Brown, 565 U.S. 530, 533 (2012) (same).
- Wembi v. Gibsons Restaurant Grp., No. 1:21-cv-00586 (N.D. Ill. May 13, 2021).(state law declaring agreements to arbitrate specific claims against public policy preempted by FAA)
- Nancy Silvera v. Aristacare at Cherry Hill, LLC, No. A-0519-20 (N.J. Super. Ct. App. Div. Mar. 30, 2021).unpublishedA-0519-20 6 (citing Marmet Health Care Ctr., Inc. v. Brown, 565 U.S. 530, 533 (2012)).
- New Jersey Civil Just. Inst. v. Grewal, No. 3:19-cv-17518 (D.N.J. Mar. 25, 2021).unpublished“reflects an emphatic federal policy in favor of arbitral dispute resolution”
- McCants v. Team Elec., Inc., No. 1:19-cv-09565 (S.D.N.Y. Feb. 19, 2021).“emphatic federal policy in favor of arbitral dispute resolution”
- Kohlman, D. v. Grane Healthcare Co., 228 A.3d 920, 2020 PA Super 29 (Pa. Super. Ct. 2020).published In a cursory per curiam opinion, the Supreme Court reversed, and chastised the West Virginia court for “misreading and disregarding the precedents of this Court interpreting the FAA.” Marmet [Health Care Ctr., Inc. v. Brown, 565 U.S. 530,…
- Goode v. Cappo Mgmt. XXXVIII LLC, No. 7:19-cv-00960 (N.D. Ala. Feb. 4, 2020).Marmet Health Care Ctr., Inc. v. Brown, 565 U.S. 530, 533 (2012) (quoting KPMG LLP v. Cocchi, 565 U.S. 18, 21 (2011)).
- Strausberg v. Laurel Healthcare Providers, LLC, 2013-NMSC-032, 4 N.M. 434.published
- Taylor v. Extendicare Health Facilities, Inc., 147 A.3d 490 (Pa. 2016).published
- Nitro-Lift Tech., L. L. C. v. Howard, 568 U.S. 17 (2012).published
- MacPherson v. Magee Mem'l Hosp. for Convalescence, 128 A.3d 1209 (Pa. Super. Ct. 2015).published
- Eckert, G. v. HCR Manorcare, LLC, No. 1743 MDA 2014 (Pa. Super. Ct. Jan. 12, 2016).unpublished
- Scott v. Yoho, 248 Cal. App. 4th 392 (Cal. Ct. App. 2016).published
- Venco Imtiaz Constr. Co. v. Symbion Power LLC, No. 2016-1737 (D.D.C. May 31, 2017).published
- Est. of Evelyn Greenstein Vs. Regency Heritage Nursing & Rehab Ctr., LLC, No. A-5494-18T3 (N.J. Super. Ct. App. Div. Mar. 3, 2020).unpublished
- Vincent Steven Ondrof v. CSL Summit, LLC, No. A-2223-20 (N.J. Super. Ct. App. Div. Nov. 15, 2021).unpublished
- Chamber of Com. of the USA v. Becerra, No. 2:19-cv-02456 (E.D. Cal. Feb. 7, 2020).
- Blanchat v. Smash Franchise Partners LLC, No. 2:20-cv-00380 (E.D. Wash. Dec. 15, 2020).
- Stone v. Exos Human Capital, LLC, No. 1:24-cv-03548 (S.D.N.Y. July 9, 2025).
- Jobe Francis West v. Monte Jamal Bowser, 877 S.E.2d 803 (Ga. Ct. App. 2022).published
- Bergman, No. 3:25-cv-01318 (S.D. Ill. Feb. 3, 2026).
- Doe, No. 1:26-cv-01106 (C.D. Ill. July 22, 2026).
- Tuomi v. Extendicare, Inc., 119 A.3d 1030 (Pa. Super. Ct. 2015).published
- Carter v. SSC Odin Operating Co., 2012 IL 113204, 976 N.E.2d 344.published
- Arnold v. Burger King, 2015-Ohio-4485, 48 N.E.3d 69.published
- Thi of New Mexico at Hobbs Ctr., LLC v. Spradlin, 893 F. Supp. 2d 1172 (D.N.M. 2012).published
- Miller v. AlerisLife, No. G063886 (Cal. Ct. App. Sept. 13, 2024).unpublished
At page 532 FAA preemption of state policy on arbitration agreements21 citing casesexplaining that the FAA “requires courts to enforce the bargain of the parties to arbitrate” (internal quotation marks omitted)
- Fister, No. 1:25-cv-02002 (D. Colo. Mar. 31, 2026).Marmet Health Care Ctr., Inc. v. Brown, 565 U.S. 530, 532 (2012).
- Jennings v. Ed Napleton Elmhurst Imports Inc., No. 1:23-cv-14099 (N.D. Ill. Feb. 11, 2025).Cf. Marmet Health Care Ctr., Inc. v. Brown, 565 U.S. 530, 532-33 (2012) (per curiam) (finding preempted a West Virginia law prohibiting “agreements to arbitrate personal-injury or wrongful-death claims against nursing homes”).
- McCrossin, J. v. Comcast Spectacor, 311 A.3d 1115, 2024 PA Super 18 (Pa. Super. Ct. 2024).publishedMarmet Health Care Center, Inc. v. Brown, 565 U.S. 530, 532-33 (2012); Moses H.
- Faas v. Sunland Health, No. 1 CA-CV 22-0006 (Ariz. Ct. App. Nov. 1, 2022).unpublished(vacating state court decision setting forth general state policy prohibiting enforcement of pre-dispute arbitration clauses in a nursing home admission agreement to arbitrate personal-injury or wrongful-death claims as…)
- Waters, J. v. Express Container, 284 A.3d 1217, 2022 PA Super 182 (Pa. Super. Ct. 2022).publishedMarmet Health Care Center, Inc. v. Brown, 565 U.S. 530, 532-33 (2012); Moses H.
- MBC Dev., LP v. Miller, J., 281 A.3d 332, 2022 PA Super 141 (Pa. Super. Ct. 2022).publishedMarmet Health Care Center, Inc. v. Brown, 565 U.S. 530, 532-33 (2012); Moses H.
- Kohlman, D. v. Grane Healthcare Co., 279 A.3d 42, 2022 PA Super 118 (Pa. Super. Ct. 2022).publishedMarmet Health Care Center, Inc. v. Brown, 565 U.S. 530, 532-33 (2012); Moses H.
- Szantho v. Casa Maria of N.M., LLC (N.M. Ct. App. 2022).unpublished“enforce the bargain of the parties to arbitrate[,]”
- Takiedine v. 7-eleven, Inc., No. 2:17-cv-04518 (E.D. Pa. July 29, 2021).Marmet Health Care Ctr., Inc. v. Brown, 565 U.S. 530, 532 (2012) (per curiam).
- Gollick, J. v. Sycamore Creek Healthcare, 260 A.3d 171 (Pa. Super. Ct. 2021).unpublishedIn re Estate of Atkinson, 231 A.3d 891, 900 (Pa. Super. 2020) (citing Marmet Health Care Center, Inc. v. Brown, 565 U.S. 530, 532-33 (2012)).
Show 10 more citing cases
- In re Est. of Atkinson, J., Appeal of: Wells Fargo, 231 A.3d 891, 2020 PA Super 87 (Pa. Super. Ct. 2020).published Marmet Health Care Center, Inc. v. Brown, 565 U.S. 530, 532-33 (2012); Moses H.
- Saheli v. White Mem'l Med. Ctr., No. B283217 (Cal. Ct. App. Mar. 14, 2018).published
- Greg Massey v. Oasis Health & Rehab of Yazoo City, LLC, 269 So. 3d 1242 (Miss. Ct. App. 2018).published
- Cole v. Granite Nursing, No. 3:22-cv-00312 (S.D. Ill. May 2, 2022).
- Klein v. Experian Info. Solutions, Inc., No. 7:19-cv-11156 (S.D.N.Y. Oct. 29, 2020).
- Passero v. Ford, No. 7:20-cv-05631 (S.D.N.Y. Apr. 7, 2021).
- Murray v. DCH Toyota City, No. 7:20-cv-07383 (S.D.N.Y. Apr. 20, 2021).
- Costa v. Roman Health Ventures Inc., No. 7:21-cv-05180 (S.D.N.Y. Oct. 27, 2021).
- Johnson v. EnSite USA, Inc., No. 7:21-cv-04437, 2022 WL 463381 (S.D.N.Y. Feb. 15, 2022).
- Nortek Inc. v. ITT LLC, No. 7:21-cv-03999, 2022 WL 656896 (S.D.N.Y. Mar. 4, 2022).
132 S. Ct. at 1203 Prohibiting arbitration of personal injury claims against nursing homes22 citing casesWest Virginia’s prohibition against predispute agreements to arbitrate personal-injury or wrongful-death claims against nursing homes is a categorical rule prohibiting arbitration of a particular type of claim, and that rule is contrary to the terms and coverage of the FAA
- McInnes v. LPL Fin., LLC, 994 N.E.2d 790 (Mass. 2013).published(West Virginia’s prohibition against predispute agreements to arbitrate personal-injury or wrongful-death claims against nursing homes is a categorical rule prohibiting arbitration of a particular type of claim, and tha…)
- Beverly Thompson v. Heartway Corp., 2025 OK 65, 579 P.3d 622.published Marmet Health Care Ctr., Inc. v. Brown , 565 U.S. 30, 132 S.Ct. 1201, 1203, 182 L.Ed.2d 42 (2012) (per curiam) (citations omitted).
- Burch v. Ctr. Mgmt. Grp., LLC, No. 1:18-cv-03000 (E.D.N.Y. Sept. 29, 2021).“This policy applies equally to all arbitration agreements, including those involving nursing homes.” Ibid. (citing Marmet Health Care Ctr., Inc. v. Brown, 132 S. Ct. 1201, 1203-04 (2012)).
- Signature Leasing LLC v. Buyer's Grp. LLC, 2020 OK 50, 466 P.3d 544.publishedSee Nitro-Lift , 133 S. Ct. at 504 ("'[W]hen state law prohibits outright the arbitration of a particular type of claim, the analysis is straightforward: The conflicting rule is displaced by the FAA.'")(quoting Marmet Health Care Center, I…
- Peck v. Laurel Healthcare Providers, LLC, 2014-NMCA-001.published
- Lipshutz, E. v. St. Monica Manor, No. 3400 EDA 2013 (Pa. Super. Ct. Feb. 3, 2015).unpublished
- Schumacher Homes of Circleville v. John & Carolyn Spencer, No. 14-0441, 2015 W. Va. LEXIS 562 (W. Va. Apr. 24, 2015).published
- Burkett, R. v. St. Francis Country House, 133 A.3d 22 (Pa. Super. Ct. 2016).published
- Weaver v. Doe, 2016 OK CIV APP 30.published
- Tallman Vs. Dist. Ct. (cps Sec. (usa), Inc.), 2015 NV 71 (Nev. 2015).published
Show 9 more citing cases
- Mika Vs. Dist. Ct. (cps Sec. (usa), Inc.), 2015 NV 71 (Nev. 2015).published
- Preferred Care Partners Mgmt. Grp., L.P. v. Alexander, 530 S.W.3d 919 (Ky. Ct. App. 2017).published
- Schiffer v. Slomin's, Inc., 48 Misc. 3d 15 (N.Y. App. Term. 2015).published
- Feeney v. Dell Inc., 465 Mass. 470 (2013).published
- Machado v. System4 LLC, 989 N.E.2d 464 (Mass. 2013).published
- Wrongful Death Est. of Krahmer ex rel. Peck v. Laurel Healthcare Providers, LLC, 2014-NMCA-001, 315 P.3d 298.published
- Seventeenth Street Assocs., LLC v. Cole ex rel. Haynie, 855 F. Supp. 2d 606 (S.D. W. Va. 2012).published
- Edwards v. Conn's, Inc., No. 2:18-cv-01998 (D. Nev. Sept. 27, 2019).
- RB Prods., Inc. v. Encore, DEC, LLC, No. 3:19-cv-00105 (D. Nev. Nov. 4, 2019).
At page 534 Determining state court's basis for vacating judgment10 citing cases“are unenforceable under state common law principles that are not specific to arbitration and pre-empted by the faa.”
- Brewer v. Missouri Title Loans, 364 S.W.3d 486 (Mo. 2012).published Marmet, 565 U.S. ___ , 132 S.Ct. at 1204 ("It is unclear, however, to what degree the state court's alternative holding [of unconscionability] was influenced by the invalid, categorical rule discussed above, the rule against predispute arb…
- Duncan v. Riverside Health & Rehab. LLC, No. 2:23-cv-00780 (S.D. W. Va. May 23, 2024).Va. 2013) (quoting Marmet Health Care Center, Inc. v. Brown, 565 U.S. 530, 534 (2012)).
- Seventeenth Street Assocs., LLC v. Cole ex rel. Haynie, 855 F. Supp. 2d 606 (S.D. W. Va. 2012).published
- Kindred Nursing Ctrs. Ltd. P'ship v. Clark, 581 U.S. 246 (2017).published
- Kindred Nursing Centers Ltd. Partnerhship v. Beverly Wellner Individually &, 533 S.W.3d 189 (Ky. 2017).published
- Robinson v. Title Lenders, Inc., 364 S.W.3d 505 (Mo. 2012).published
- Shirley Cotton v. GGNSC Batesville, L.L.C., 817 F.3d 169 (5th Cir. 2016).published
- Arnold v. Burger King, 2015-Ohio-4485, 48 N.E.3d 69.published
- Wert v. ManorCare of Carlisle PA, LLC, 124 A.3d 1248 (Pa. 2015).published
- Elijahjuan v. Superior Court, 210 Cal. App. 4th 15 (Cal. Ct. App. 2012).published
At page 531 Interpreting the federal act regarding arbitration agreements10 citing casesWhen this Court has fulfilled its duty to interpret federal law, a state court may not contradict or fail to implement the rule so estab- lished.
- Green v. State, 898 S.E.2d 500 (Ga. 2024).published (When this Court has fulfilled its duty to interpret federal law, a state court may not contradict or fail to implement the rule so estab- lished.)
- Stephen Michael West v. Derrick D. Schofield, 519 S.W.3d 550 (Tenn. 2017).published “when this court has fulfilled its duty to interpret federal law, a state court may not contradict or fail to implement the rule so established.”
- Mangum v. Ross Dress for Less, Inc., 777 F. Supp. 3d 519 (E.D.N.C. 2025).publishedCorp. v. Lewis, 584 U.S. 497 , 505-25 (2018); Am. Express Co. v. Italian Colors Rest., 570 U.S. 228, 232-39 (2013); Marmet Health Care Ctr., Inc. v. Brown, 565 U.S. 530, 531-33 (2012) (per curiam); CompuCredit Corp. v. Greenwood, 565 U.S.…
- Chilutti, S. v. Uber Tech., Inc., 300 A.3d 430, 2023 PA Super 126 (Pa. Super. Ct. 2023).publishedRather, when addressing the specific issue of whether there is a valid agreement to arbitrate, courts generally should apply ordinary state-law principles that govern the formation of contracts, but in doing so, must give due regard to the…
- State of Tennessee v. Tyshon Booker (Dissent), No. E2018-01439-SC-R11-CD (Tenn. Nov. 18, 2022).publishedFurther, because Tennessee’s sentencing scheme can result in discretion if the State pursues a life-without- parole sentence, the State argues that a life sentence is the lesser, not equal, punishment when compared to a life-without-parole…
- Chilutti, S. v. Uber Tech., Inc., 2022 PA Super 172.publishedPisano, 77 A.3d at 661 (citations and quotation marks omitted).12 See also Marmet Health Care Center, Inc. v. Brown, 565 U.S. 530, 531-33 (2012). ____________________________________________ 12 “Prior to the 1925 enactment of the FAA, cour…
- De Sa v. RPS Holdings, LLC, 577 F. Supp. 3d 395 (E.D.N.C. 2022).publishedExpress Co. v. Italian Colors Rest., 570 U.S. 228, 232-39 (2013); Marmet Health Care Ctr., Inc. v. Brown, 565 U.S. 530, 531-33 (2012) (per curiam); CompuCredit Corp. v. Greenwood, 565 U.S. 95, 98 (2012); AT&T Mobility LLC v. Concepcion, 56…
- Kohlman, D. v. Grane Healthcare Co., 228 A.3d 920, 2020 PA Super 29 (Pa. Super. Ct. 2020).published “misreading and disregarding the precedents of this Court interpreting the FAA”
- Theron Ingram v. Brook Chateau, 586 S.W.3d 772 (Mo. 2019).published
- In the Matter of Sean Braunstein & Jericka Braunstein, 236 A.3d 870 (N.H. 2020).published
132 S. Ct. at 1204 Analyzing categorical rules prohibiting arbitration under FAA8 citing casesIt is unclear, however, to what degree the state court's alternative holding [of unconscionability] was influenced by the invalid, categorical rule discussed above, the rule against predispute arbitration agreements.
- GGNSC Chestnut Hill LLC v. Schrader, No. 1:16-cv-10525, 2018 WL 1582555 (D. Mass. Mar. 31, 2018). Moreover, I must honor the consistent treatment by the Supreme Court of the United States of arguably special objections to arbitration contracts, in the nursing home context, where it repeatedly held in recent decisions that state laws th…
- Brewer v. Missouri Title Loans, 364 S.W.3d 486 (Mo. 2012).published (It is unclear, however, to what degree the state court's alternative holding [of unconscionability] was influenced by the invalid, categorical rule discussed above, the rule against predispute arbitration agreements.)
- Strausberg v. Laurel Healthcare Providers, LLC, 2013-NMSC-032, 4 N.M. 434.published
- Taylor v. Extendicare Health Facilities, Inc., 147 A.3d 490 (Pa. 2016).published
- Preferred Care Partners Mgmt. Grp., L.P. v. Alexander, 530 S.W.3d 919 (Ky. Ct. App. 2017).published
- Sakkab v. Luxottica Retail North Am., Inc., 803 F.3d 425 (9th Cir. 2015).published
- Richmond Health Facilities-Kenwood, LP v. Nichols, 811 F.3d 192 (6th Cir. 2016).published
132 S. Ct. at 1202 Arbitration agreements excluding late payment claims5 citing casesapplying the FAA to several nursing home arbitration agreements
- Brewer v. Missouri Title Loans, 364 S.W.3d 486 (Mo. 2012).published Marmet, 565 U.S. ___ , 132 S.Ct. at 1204 ("It is unclear, however, to what degree the state court's alternative holding [of unconscionability] was influenced by the invalid, categorical rule discussed above, the rule against predispute arb…
- Strausberg v. Laurel Healthcare Providers, LLC, 2013-NMSC-032, 4 N.M. 434.published
- Beer v. United States, 696 F.3d 1174 (Fed. Cir. 2012).published
- Taylor v. Extendicare Health Facilities, Inc., 147 A.3d 490 (Pa. 2016).published
At page 530 Enforcing the federal arbitration act in all courts5 citing casesholding the FAA pre-empted a state court's rule that prohibited arbitration of personal-injury and wrongful-death suits in nursing home admission agreements
- DiLoreto, M. v. Barclay Friends, No. 2187 EDA 2024 (Pa. Super. Ct. July 31, 2026).unpublishedMarmet Health Care Ctr., Inc. v. Brown, 565 U.S. 530, 530-31 (2012).
- Taylor v. Harlem Ctr. for Nursing & Rehab., LLC, 2025 NY Slip Op 50536(U) (N.Y. Sup. Kings 2025).unpublishedInc. v Brown , 565 US 530, 530 [2012]).
- Gilbert Antonucci v. Curvature Newco, Inc., 270 A.3d 1088 (N.J. Super. Ct. App. Div. 2022).published
- BLC Lexington SNF, LLC v. Oatis, No. 5:19-cv-00284, 2019 WL 6221006 (E.D. Ky. Nov. 20, 2019).
Other citing cases
- Ford Motor Credit Co. v. Ronald R. Miller, 888 S.E.2d 257 (W. Va. 2023).published
v.
Brown Et Al.
State and federal courts must enforce the Federal Arbitration Act (FAA), 9 U. S. C. § 1 et seq., with respect to all[*531] arbitration agreements covered by that statute. Here, the Supreme Court of Appeals of West Virginia, by misreading and disregarding the precedents of this Court interpreting the FAA, did not follow controlling federal law implementing that basic principle. The state court held unenforceable all predispute arbitration agreements that apply to claims alleging personal injury or wrongful death against nursing homes.
The decision of the state court found the FAA’s coverage to be more limited than mandated by this Court’s previous cases. The decision of the State Supreme Court of Appeals must be vacated. When this Court has fulfilled its duty to interpret federal law, a state court may not contradict or fail to implement the rule so established. See U. S. Const., Art. VI, cl. 2.
I
This litigation involves three negligence suits against nursing homes in West Virginia. The suits were brought by Clayton Brown, Jeffrey Taylor, and Sharon Marchio. In each case, a family member of a patient requiring extensive nursing care had signed an agreement with a nursing home on behalf of the patient. The relevant parts of the agreements in Brown’s case and Taylor’s case were identical. The contracts included a clause requiring the parties to arbitrate all disputes, other than claims to collect late payments owed by the patient. The contracts included a provision holding the party filing the arbitration responsible for paying a filing fee in accordance with the Rules of the American Arbitration Association fee schedules. The agreement in Marchio’s case also included a clause requiring arbitration but made no exceptions to the arbitration requirement and did not mention filing fees.
In each of the three cases, a family member of a patient who had died sued the nursing home in state court, alleging that negligence caused injuries or harm resulting in death. A state trial court dismissed the suits by Brown and Taylor[*532] based on the agreements to arbitrate. The Supreme Court of Appeals of West Virginia consolidated those cases with Marchio’s, which was before the court on other issues.
In a decision concerning all three cases, the state court held that “as a matter of public policy under West Virginia law, an arbitration clause in a nursing home admission agreement adopted prior to an occurrence of negligence that results in a personal injury or wrongful death, shall not be enforced to compel arbitration of a dispute concerning the negligence.” Brown v. Genesis Healthcare Corp., 228 W. Va. 646, 688, 724 S. E. 2d 250, 292 (2011). The state court considered whether the state public policy was pre-empted by the FAA. The state court found unpersuasive this Court’s interpretation of the FAA, calling it “tendentious,” id., at 674, 724 S. E. 2d, at 278, and “created from whole cloth,” id., at 675, 724 S. E. 2d, at 279. It later concluded that “Congress did not intend for the FAA to be, in any way, applicable to personal injury or wrongful death suits that only collaterally derive from a written agreement that evidences a transaction affecting interstate commerce, particularly where the agreement involves a service that is a practical necessity for members of the public,” id., at 687, 724 S. E. 2d, at 291. The court thus concluded that the FAA does not pre-empt the state public policy against predispute arbitration agreements that apply to claims of personal injury or wrongful death against nursing homes.
The West Virginia court’s interpretation of the FAA was both incorrect and inconsistent with clear instruction in the precedents of this Court. The FAA provides that a “written provision in ... a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction . . . shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.” 9 U. S. C. § 2. The statute’s text includes no exception for personal-injury or wrongful-death claims. It “requires[*533] courts to enforce the bargain of the parties to arbitrate.” Dean Witter Reynolds Inc. v. Byrd, 470 U. S. 213, 217 (1985). It “reflects an emphatic federal policy in favor of arbitral dispute resolution.” KPMG LLP v. Cocchi, ante, at 21 (per curiam) (quoting Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U. S. 614, 631 (1985); internal quotation marks omitted).
As this Court reaffirmed last Term, “[w]hen state law prohibits outright the arbitration of a particular type of claim, the analysis is straightforward: The conflicting rule is displaced by the FAA.” AT&T Mobility LLC v. Concepcion, 563 U. S. 333, 341 (2011). That rule resolves these cases. West Virginia’s prohibition against predispute agreements to arbitrate personal-injury or wrongful-death claims against nursing homes is a categorical rule prohibiting arbitration of a particular type of claim, and that rule is contrary to the terms and coverage of the FAA. See ibid. See also, e. g., Preston v. Ferrer, 552 U. S. 346, 356 (2008) (FAA pre-empts state law granting state commissioner exclusive jurisdiction to decide issue the parties agreed to arbitrate); Mastrobuono v. Shearson Lehman Hutton, Inc., 514 U. S. 52, 56 (1995) (FAA pre-empts state law requiring judicial resolution of claims involving punitive damages); Perry v. Thomas, 482 U. S. 483, 491 (1987) (FAA pre-empts state-law requirement that litigants be provided a judicial forum for wage disputes); Southland Corp. v. Keating, 465 U. S. 1,10 (1984) (FAA preempts state financial investment statute’s prohibition of arbitration of claims brought under that statute).
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The West Virginia court proposed an alternativ[e]” holding that the particular arbitration clauses in Brown’s case and Taylor’s case were unconscionable. 228 W. Va., at 689-690, 691, 724 S. E. 2d, at 293-294, 295. See also id., at 693, 724 S. E. 2d, at 297 (not addressing the question whether the arbitration agreement in Marchio’s case is unenforceable for[*534] reasons other than public policy). It is unclear, however, to what degree the state court’s alternative holding was influenced by the invalid, categorical rule discussed above, the rule against predispute arbitration agreements. For example, in its discussion of the alternative holding, the state court found the arbitration clauses unconscionable in part because a predispute arbitration agreement that applies to claims of personal injury or wrongful death against nursing homes “clearly violates public policy.” Id., at 690, 724 S. E. 2d, at 294.
On remand, the West Virginia court must consider whether, absent that general public policy, the arbitration clauses in Brown’s case and Taylor’s case are unenforceable under state common-law principles that are not specific to arbitration and pre-empted by the FAA.
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The petitions for certiorari are granted. The judgment of the Supreme Court of Appeals of West Virginia is vacated, and the cases are remanded for proceedings not inconsistent with this opinion.
It is so ordered.