Lochearn Nursing Home v. Addison
The trial court had ruled that an elderly, ill woman’s counterclaims against a nursing home for setting in motion a predatory real estate transaction that could strip her of all the equity in her home did not fall within the scope of the nursing home’s mandatory arbitration clause.
The trial court had ruled that an elderly, ill woman’s counterclaims against a nursing home for setting in motion a predatory real estate transaction that could strip her of all the equity in her home did not fall within the scope of the nursing home’s mandatory arbitration clause. The nursing home had sued her in court over her bill, but tried to force her counterclaim into arbitration. Public Justice appealed on the woman’s behalf. Ultimately, Maryland’s highest court held–as Public Justice urged–that the intermediate court had no jurisdiction over the appeal, because the trial court’s order was not appealable under Maryland law.
Case Documents
Brief to Maryland Court of Appeals
Brief to Maryland Court of Appeals arguing that court did not have jurisdiction pursuant to collateral order doctrine.
Maryland Court of Appeals
Brief to Maryland Court of Appeals
Brief to Maryland Court of Appeals arguing that court did not have jurisdiction pursuant to collateral order doctrine.
Maryland Court of Appeals
Opinion
Brief to Court of Special Appeals
Appeal defending the trial court's ruling that an elderly, ill woman's counterclaims against a nursing home (it had set in motion a predatory real estate transaction that would strip her of all the equity in her home) did not fall within the scope of the nursing home's mandatory arbitration clause. The nursing home had sued her in court over her bill, but tried to force her counterclaim into arbitration. Maryland Court of Special Appeals.
