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U.S. Supreme Court Likes Arbitration

source : February 12, 2012 U.S. Supreme Court.

West Virginia is the latest state to lose a challenge to our nation's judicial commitment to arbitration in the case of Marmet Health Care Center v. Brown, 565 U. S. ____ (2012). The Court's per curium opinion affirmed the right of citizens to seek redress through pre-dispute arbitration agreements.


State and federal courts must enforce the Federal Arbitration Act (FAA), 9 U. S. C. 1 et seq., with respect to all arbitration agreements covered by that statute. Here, the Supreme Court of Appeals of West Virginia, by misreading and disregarding the precedents of this Court interpretingthe FAA, did not follow controlling federal law implementing that basic principle. The state court held unenforce- able all predispute arbitration agreements that apply toclaims alleging personal injury or wrongful death against nursing homes. The decision of the state court found the FAA's coverageto be more limited than mandated by this Court's previous cases. The decision of the State Supreme Court of Appeals must be vacated. When this Court has fulfilled its duty tointerpret federal law, a state court may not contradict orfail to implement the rule so established. See U. S. Const., Art. VI, cl. 2.

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