United States Supreme Court

Reset A A Font size: Print

Marmet Health Care Center, Inc. v. Brown, 11-391

In litigation involving three negligence suits against nursing homes in West Virginia, the judgment of the Supreme Court of Appeals of West Virginia is vacated and the cases remanded, where: 1) West Virginia's prohibition against predispute agreements to arbitrate personal-injury or wrongful-death claims against nursing homes is a categorical rule prohibiting arbitration of a particular type of claim, and that rule is contrary to the terms and coverage of the Federal Arbitration Act; and 2) it was unclear to what degree the state court’s alternative holding--that the particular arbitration clauses at issue were unconscionable--was influenced by the invalid, categorical rule that the state court adopted.

Appellate Information

  • Decided 02/21/2012
  • Published 02/21/2012



  • United States Supreme Court