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Case Law Update: Nursing Home Arbitration

Carter v. SSC Odin Operating Company, No. 106511 (4-15-10) found that the public policy underlying antiwaiver provisions of Nursing Home Care Act are not “grounds as exist at law or in equity for the revocation of any contract” within meaning of Section 2 of Federal Arbitration Act. Thus, public policy of Nursing Home Care Act is not a valid contract defense to FAA preemption. This Illinois Supreme Court case will have a negative impact on nursing home law.