West Virginia High Court Says FAA Doesn’t Cover Predispute Arbitration

CHARLESTON, W.Va. – The West Virginia Supreme Court on June 29 held that Congress did not intend for predispute arbitration agreements, which require that questions about negligence be submitted to arbitration, to be governed by the Federal Arbitration Act (FAA) (Clayton Brown, et al. v. Genesis Healthcare Corp., et al., No. 35494; Jeffrey Taylor, et al., v. MHCC Inc., f/k/a Marmet Health Care Center, et al., No. 35546; Sharon A. Marchio, et al., v. Clarksburg Nursing & Rehabilitation Center Inc., d/b/a Clarksburg Continuous Care Center, et al., No. 35635, W.Va. Sup.; 2011 W. Va. LEXIS 61).
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