Over at health law prof blog, Katharine Van Tassel reports about a cert petition filed at the Supreme Court. I hope the Court takes the case! See lawprofessors.typepad.com/healthlawprof_blog/ (July 7th post)

“In early 2013, a nursing home operator filed a writ of certiorari asking the U.S. Supreme Court to determine whether state courts can refuse to enforce an arbitration agreement signed by the now deceased resident in a wrongful death action brought by the resident’s survivors under the Federal Arbitration Act (FAA).[1] In its petition, SSC Odin Operating Co. asserted that there is a conflict among the highest state courts over whether wrongful death plaintiffs are bound by arbitration agreements signed by their decedents.

In the case involving Odin Operating Company, the Illinois Supreme Court refused to enforce an arbitration agreement between a nursing home and a deceased resident that allegedly required arbitration of wrongful death claims asserted by the resident’s heirs, personal representative and estate administrator.[2] The Illinois Court explained that the wrongful death claim was not an “asset” of the estate that could have been encumbered by the decedent, the derivative nature of the claim did not require arbitration and basic contract principles barred the enforcement of the arbitration agreement against the administrator.

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