Arbitration Agreements and Healthcare Proxies

Two recent Massachusetts cases provide an exception to a trend of upholding arbitration agreements under the Federal Arbitration Act. See Johnson v. Kindred Healthcare, SJC-11335, slip op. (Jan. 13, 2014) and Licata v. GGNSC Malden Dexter LLC, SJC-11336, slip op. (Jan. 13, 2014). In these cases the S.J.C. found that an arbitration agreement was unenforceable […]