Marmet Health Care Center, Inc. v. Brown - Post-Decision SCOTUScast

SCOTUScast 03-12-12 featuring Christopher Kratovil

March 12, 2012

Chris Kratovil

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  Marmet Health Care Center, Inc. v. Brown - Post-Decision SCOTUScast - MP3
Running Time: 00:08:41

Christopher KratovilOn February 21, 2012, the Supreme Court announced its decision in Marmet Health Care Center, Inc. v. Brown.  The question in this case was whether the Federal Arbitration Act (“FAA”) preempted a determination by West Virginia courts that, as a matter of state public policy, pre-dispute arbitration agreements are not enforceable with respect to claims made against nursing homes for injury or wrongful death resulting from negligence.

In a unanimous per curiam opinion, the U.S. Supreme Court vacated the decision of the West Virginia Supreme Court of Appeals, holding that the state public policy was preempted by the FAA.  The high Court also remanded the case, however, so that the West Virginia court could determine whether the arbitration agreement at issue was otherwise unenforceable under state common law principles that are not specific to arbitration.

To discuss the case, we have Christopher Kratovil, who is a litigation partner at Dykema Gossett, PLLC.

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Related Links

Opinion - February 21, 2012 (PDF)