Having Successfully Moved To Compel Arbitration, Nursing Home Operator’s Failure To Proceed Leads Court To Reverse Its Decision

In Laude v. SSC Greenfield Operating Company LLC, a Wisconsin federal court granted a nursing home operator’s motion to compel arbitration of claims brought by the estate of a deceased patient. Having secured the right to arbitrate, the operator engaged in a twenty-two month period of inaction described by the court as “delayed indecisiveness bordering on apathy.” The court therefore found that “[d]efendants have impliedly waived their rights to arbitrate by repeatedly snubbing Plaintiffs’ efforts to arbitrate the matter for well over a year.” Holding that “[d]efendants may not compel arbitration and then avoid it for over a year, leaving Plaintiffs without a remedy for their alleged injury,” the court restored the case to the docket.

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