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Marmet Health Care Center, Inc. v. Brown

Submitted by wt_nclc_jep_n on Tue, 2012-02-21 12:20
in
Term: 2011 Term
Oral Argument Date:
Vote: 9-0
Opinion: Per Curiam
Lower Court: Supreme Court of Appeals of West Virginia
Question(s) Presented
  1. Whether Section 2 of the FAA preempts a state-law rule that prohibits the enforcement of a pre-dispute arbitration agreement when a plaintiff asserts a personal injury or wrongful death claim.
  2. Wheter the West Virginia court applied its state-law unconscionability doctrine in a manner that subjected Petitioners' arbitration provisions to special scrutiny, thereby contravening the FAA.  
Case Outcome

The judgment of the Supreme Court of Appeals of West Virginia was vacated and the case was remanded.  

Procedural History

Decided 2/21/12. Consolidated with 11-394, Clarksburg Nursing Home & Rehabilitation Center v. Marchio. 

Case Documents
application/pdf iconMarmet Health Care Center, Inc. v. Brown (Supreme Court Opinion).pdf