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SSC Odin Operating Co. v. Carter

Close Date: 06/01/2009
Status: closed
Docket: 08-805



The Illinois Court of Appeals held that nursing-home arbitration agreements are contrary to Illinois's public policy and did not enforce a nursing home's arbitration agreement against the estate of a deceased resident. The question presented is whether the Federal Arbitration Act preempts Illinois's public policy, as expressed in a statute, that nursing-home arbitration agreements are prohibited. Public Citizen worked with counsel for Carter to oppose the petition to the Supreme Court, arguing that state-law definitions of wrong death claims need not all be the same and that Illinois law does not violate the FAA because it does not single out arbitration for disfavored treatment. The Supreme Court denied the petition.