Litigation & Arbitration,
California Supreme Court
Aug. 15, 2025
California Supreme Court opens courthouse door for elder abuse cases
In a unanimous opinion by Justice Leondra R. Kruger, the state's high court held that elder abuse wrongful death claims are not subject to arbitration agreements signed by the decedent, resolving a split among appellate courts.
The state Supreme Court on Thursday reversed an appellate court decision that required the parents of a man who died in a skilled nursing facility to arbitrate their wrongful death claim.
The arbitration agreement had been signed by the decedent.
The issue was whether the parents' claim must be decided under the Medical Injury Compensation Reform Act, or MICRA, which requires arbitration in medical malpractice claims, or whether wrongful death claims under the Elder ...
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