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· 6/29/2011

Brown Ex Rel. Brown v. Genesis Healthcare

Citations

  • 724 S.E.2d 250
  • 228 W. Va. 646

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • not addressing the question whether the arbitration agreement in Marchio’s case is unenforceable for reasons other than public policy
  • reversed on other grounds by Marmet Health Care Ctr., Inc. v. Brown, 132 S. Ct. 1201, 182 L. Ed. 2d 42 (2012)
  • “‘One of the purposes of standardization is to eliminate bargaining over details of individual transactions. . . .’”
  • reversed on other grounds by Marmet Health Care Ctr., Inc. v. Brown, 565 U.S. 530 (2012)
  • reversed on other grounds by Marmet Health Care Ctr., Inc. v. Brown, 565 U.S. 530 (2012) (emphasis added). See also Geological Assessment & Leasing v. O’Hara, 236 W. Va. 381, 387, 780 S.E.2d 647, 653 (2015
  • “With tendentious reasoning, the United States Supreme Court has stretched the application of the FAA from being a procedural statutory scheme effective only in the federal courts, to being a substantive law that preempts state law in both the federal and state courts.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Ketchum, Davis, Benjamin, Gaujot

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.