Marmet Health Care Ctr., Inc. v. Brown, 565 U.S. 530 (2012). · Go Syfert
Marmet Health Care Ctr., Inc. v. Brown, 565 U.S. 530 (2012). Cases Citing This Book View Copy Cite
Quick Summary

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.

843 citation events (843 in the last 25 years) across 83 distinct courts.
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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.”16 citing courts quote it · passage not found verbatim in the opinion (93%) · 44 listed here
  • 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). 2 cites
    ([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).published
    See 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 4 cites
    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 3 cites
    ([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 3 cites
    (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
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)6 citing courts put it this way · 20 listed here
  • 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).published
    Marmet 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).published
    Marmet 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).published
    Marmet 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).published
    Marmet 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).unpublished
    In 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
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 FAA1 citing court put it this way · 19 listed here
Show 9 more citing cases
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.”7 citing courts quote it
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.2 citing courts put it this way
  • Green v. State, 898 S.E.2d 500 (Ga. 2024).published 4 cites
    (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 3 cites
    “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).published
    Corp. 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).published
    Rather, 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).published
    Further, 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.published
    Pisano, 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).published
    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. 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 2 cites
    “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.1 citing court put it this way · 7 listed here
132 S. Ct. at 1202 Arbitration agreements excluding late payment claims5 citing casesapplying the FAA to several nursing home arbitration agreements2 citing courts put it this way · 4 listed here
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 agreements2 citing courts put it this way · 4 listed here
Other citing cases1 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Marmet Health Care Center, Inc., Et Al.
v.
Brown Et Al.
11-391.
Supreme Court of the United States.
Feb 21, 2012.
Published opinion
565 U.S. 530
2012 U.S. LEXIS 1076
Per Curiam.

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).

1 — 1 1 — (

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.

* * *

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.