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A right worth the fight.

Publication: Trial
Publication Date: 01-SEP-08 		Format: Online
Delivery: Immediate Online Access
Full Article Title: A right worth the fight.(mandatory and binding arbitration clauses in nursing home)(Tennessee)

Article Excerpt
In the early part of this decade, Tennessee nursing home conglomerate National Healthcare Corporation (NHC) became a strong proponent of the use of mandatory and binding arbitration clauses in nursing home admission agreements. In fact, NHC made entering into such an agreement a condition of admission to any of its facilities. Over the years, NHC has staunchly defended its clauses in trial and appellate courts with mixed results.

But NHC's success or lack thereof is not the topic today. Its motives are. The interesting thing is that no one has to speculate about those motives. NHC has revealed them in black and white. When the time came to train administrators and bookkeepers on arbitration clauses, NHC scripted a little play and made a video. The script was revealed in discovery and is of record in many cases. It's a fun and revealing read.

Two of the characters in this little production are "Robert" and "Ted." The relevant...

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