skip to main content
skip to newscasts

Tuesday, September 26, 2023

Public News Service Logo
facebook instagram linkedin reddit youtube twitter
view newscast page
play newscast audioPlay

Progressives call push to change Constitution "risky," Judge rules Donald Trump defrauded banks, insurers while building real estate empire; new report compares ways NY can get cleaner air, help disadvantaged communities.

view newscast page
play newscast audioPlay

House Speaker McCarthy aims to pin a shutdown on White House border policies, President Biden joins a Detroit auto workers picket line and the Supreme Court again tells Alabama to redraw Congressional districts for Black voters.

view newscast page
play newscast audioPlay

An Indigenous project in South Dakota seeks to protect tribal data sovereignty, advocates in North Carolina are pushing back against attacks on public schools, and Arkansas wants the hungriest to have access to more fruits and veggies.

Amicus Briefs Filed in CA Elder Abuse, Arbitration Case

play audio
Play

Thursday, June 8, 2023   

This week, four advocacy groups have filed an amicus brief in a case before the California Supreme Court involving allegations of elder abuse and the use of arbitration.

A skilled nursing facility, Country Oaks in Pomona, is trying to compel arbitration in a case where the patient, Charles Logan, gave his nephew power to sign healthcare documents but did not give him power of attorney - and later Logan sued Country Oaks, alleging negligence.

An appellate court decided the nephew had no legal standing to sign the mediation agreement as part of the intake forms.

Jessica Pezley, senior staff attorney with the advocacy group Compassion & Choices, contended the California Supreme Court should uphold that prior decision.

"The healthcare decisions law only concerns healthcare decisions," said Pezley. "It does not concern decisions affecting future legal rights. And so, when somebody signs an advance directive, nowhere in their mind, are they thinking they might be waiving their constitutional right to a jury trial."

Country Oaks argues the mediation agreement should remain in force.

Logan has since passed away. Federal policy under the Centers for Medicare & Medicaid Services states that mediation agreements are strictly optional and cannot be required for admission to a facility.

Pezley said corporate mediation is often weighted in favor of the defendant.

"By compelling arbitration, Logan would not have had his constitutional right to have a trial by jury," said Pezley. "Instead, he would go in front of an arbitrator, which tend to be in favor of corporations - just because corporations are the ones who are tending to use arbitration on a repeat basis."

Logan's estate is now pursuing the case. The California Supreme Court has not yet announced a hearing date.




Disclosure: Compassion & Choices contributes to our fund for reporting on Civic Engagement, Health Issues, Senior Issues, Social Justice. If you would like to help support news in the public interest, click here.


get more stories like this via email
more stories
Damage seen on Maui after catastrophic, wind-driven fires swept through the area. (Brea Burkholz/Direct Relief)

Social Issues

play sound

A California group formed after the firestorm that leveled the town of Paradise is stepping up to help Maui recover from its own disaster last month…


Social Issues

play sound

Skills for reducing violence are becoming essential in schools. At the beginning of the school year, students at a Washington state high school …

play sound

The age-old theory that opposites attract has been debunked. According to analysis of more than 130 traits in a study that included millions of …


The New York City Mayor has declared a State of Emergency due to the 113,000 migrants who've arrived since spring of 2022. (pressmaster/Adobe Stock)

Social Issues

play sound

A new report questions New York City Mayor Eric Adams' latest budget proposal for dealing with the city's influx of over 110,000 migrants. The cost …

Social Issues

play sound

A federal judge has blocked a 2022 Arizona law that voting-rights advocates say would have made it harder for some Native Americans to vote. House …

UAW members are asking for 36% raises in general pay over four years, as well as the return of pension plans for new workers. (Adobe Stock)

Social Issues

play sound

Thousands of U.S. auto workers remain on strike, and the walkout is being felt in Minnesota. A rally was scheduled this morning in the Twin Cities …

Environment

play sound

If states like Minnesota are going to meet their climate goals, experts say younger workers will need to step into the roles to make it happen - like …

Health and Wellness

play sound

In rural Arkansas, access to healthcare can be a distant dream - literally - as almost 60 counties in the state do not have enough providers to serve …

 

Phone: 303.448.9105 Toll Free: 888.891.9416 Fax: 208.247.1830 Your trusted member- and audience-supported news source since 1996 Copyright 2021