Clayton BROWN, as guardian for and on behalf of Clarence BROWN, Plaintiff Below, Appellant
v.
GENESIS HEALTHCARE CORPORATION; Genesis Healthcare Holding Company II, Inc.; Genesis Health Ventures, Inc. of West Virginia; Genesis Eldercare Corporation; Genesis Eldercare Network Services, Inc.; Genesis Eldercare Management Services, Inc.; Genesis Eldercare Rehabilitation Services, Inc.; Genesis Eldercare Staffing Services, Inc.; Genesis Eldercare Hospitality Services, Inc.; Marmet SNF Operations, LLC; 1 Sutphin Drive Associates, Llc; 1 Sutphin Drive Operations, LLC; Genesis WV Holdings, LLC; Glenmark Associates, Inc.; Marmet Health Care Center, Inc. n/k/a MHCC, Inc.; Canoe Hollow Properties, LLC; Robin Sutphin; and Shawn Eddy, Defendants Below, Appellees.
Jeffrey Taylor, personal representative of the Estate of Leo Taylor, Plaintiff Below, Appellant
v.
MHCC, Inc., f/k/a Marmet Health Care Center; Canoe Hollow Properties, LLC; Genesis Healthcare Corporation d/b/a Marmet Health Care Center; Glenmark Associates, Inc.; Glenmark Limited Liability Company I; Glenmark Properties, Inc.; Genesis Healthcare Corporation; Genesis Health Ventures of West Virginia, Inc.; Genesis Health Ventures of West Virginia, LP; Genesis Eldercare Corporation; Genesis Eldercare Network Services, Inc.; Genesis Eldercare Management Services, Inc; Genesis Eldercare Rehabilitation Services, Inc.; Genesis Eldercare Staffing Services, Inc.; Genesis Eldercare Physician Services, Inc.; Genesis Eldercare Hospitality Services, Inc.; Horizon Associates, Inc.; Horizon Mobile, Inc.; Horizon Rehabilitation, Inc.; GMA Partnership Holding Company, Inc.; GMA-Madison, Inc.; GMA-Brightwood, Inc.; Helstat, Inc.; Formation Capital, Inc.; FC-Gen Acquisition, Inc.; Gen Acquisition Corporation; and Jer Partners, LLC, Defendants Below, Appellees.
Sharon A. Marchio, Executrix of the Estate of Pauline Virginia Willett, Plaintiff
v.
Clarksburg Nursing & Rehabilitation Center, Inc., a West Virginia Corporation, d/b/a Clarksburg Continuous Care Center; Sheila K. Clark, Executive Director of Clarksburg Nursing & Rehabilitation Center, Inc., d/b/a Clarksburg Continuous Care Center; John/Jane Doe # 1; and Jennifer Mcwhorter, Defendants.
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Christopher J. Regan, Esq. , Bordas & Bordas, PLLC, Wheeling, WV, Attorney for Amicus Curiae West Virginia Association for Justice.
Shawn P. George, Esq. , George & Lorensen PLLC, Charleston, WV, Attorney for Appellees Marmet Health Care Center, Inc., Canoe Hollow Properties, LLC, and Robin Sutphin.
Mark A. Robinson, Esq. , Ryan Brown, Esq. , Flaherty Sensabaugh Bonasso PLLC, Charleston, WV, Attorneys for Defendants Clarksburg Nursing & Rehabilitation Center, Inc., Sheila K. Clark, John/Jane Doe # 1, and Jennifer McWhorter.
Ancil G. Ramey, Esq. , Steptoe & Johnson, PLLC, Charleston, WV, Attorney for Amicus Curiae West Virginia Health Care Association.
In the three cases now before the Court, we are asked to examine two areas of the law which—surprisingly—we have never directly and comprehensively addressed.
The first area of the law we consider involves Section 2 of the Federal Arbitration Act ("the FAA").1 We are asked to consider its preemptive effect on West Virginia's nursing home laws. These cases involve arbitration clauses buried within...
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