Articles Posted in U.S. Court of Appeals for the Sixth Circuit

In 2011, Mr. Nichols was admitted to the Richmond, Kentucky, Kenwood Nursing & Rehabilitation Center. He signed an agreement that states that it applies to “any and all disputes arising out of or in any way relating to this Agreement” including “wrongful death.” It is governed by “The Kentucky Uniform Arbitration Act. . . . If for any reason there is a finding that Kentucky law cannot support the enforcement of this Agreement, then the Parties agree to resolve their disputes by arbitration . . . pursuant to the [FAA].” It binds Nichols and all persons with claims through or on behalf of him. After Nichols dies, his estate sued, asserting wrongful death and other state law claims. The district court declined to compel arbitration of the wrongful-death claim, but stayed the case until arbitration of the other claims was complete. The Sixth Circuit affirmed, relying on state law precedent, not preempted by the Federal Arbitration Act, that a wrongful-death claim is “independent” of any claims held by a decedent and constitutes a “distinct interest in a property right that belongs only to the statutorily-designated beneficiaries.” Decedents have no “cognizable legal rights” in that claim. View "Richmond Health Facilities v. Nichols" on Justia Law