U.S. SUPREME COURT SENDS STERN MESSAGE ON ENFORCING CONCEPCION
In a curt per curiam opinion, the U.S. Supreme Court sent a clear message to the Supreme Court of Appeals of West Virginia, vacating that Court’s decision that found state public policy superseded the Federal Arbitration Act, where personal injury claims against a nursing home were at issue. Pointing at the outset to the Supremacy Clause of the U.S. Constitution, the U.S. Supreme Court emphasized its holding in AT&T Mobility LLC v. Concepcion, 563 U.S. —- (2011) (slip op. at 6-7), that “[w]hen state law prohibits outright the arbitration of a particular type of claim, the analysis is straightforward: The conflicting rule is displaced by the FAA.” It vacated and remanded. Marmet Health Care Center, Inc. v. Brown, Nos. 11-391 and 11-394, 565 U.S. —- (Feb. 21, 2012).
This post written by John Pitblado.
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