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RUSZALA v. BROOKDALE LIVING

Docket No. A-4403-08T1, Docket No. A-4404-08T1.

1 A.3d 806 (2010)

415 N.J. Super. 272

The ESTATE OF Anna RUSZALA by Marie MIZERAK (Executrix), Plaintiff-Respondent, v. BROOKDALE LIVING COMMUNITIES, INC., d/b/a Alterra/Sterling House of Florence, Alterra, Inc., d/b/a Sterling House of Florence, Sterling House of Florence, Kad Randal, Valeyncia Price, Annie Lewis, and Sharon Luflin, Defendants-Appellants. Ida Azzaro, as Proposed Administrator Ad Prosequendum and Administrator for the Estate of Pasquale Azzaro, Plaintiff-Respondent, v. Brookdale Living Communities, Inc., d/b/a Alterra Healthcare Corporation, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Submitted (A-4404-08T1) February 9, 2010.

Decided August 10, 2010.

Attorney(s) appearing for the Case

Joel I. Fishbein argued the cause for appellants (Spector, Gadon & Rosen, P.C., attorneys; Mr. Fishbein, on the brief).

Law Office of Thomas P. Frascella, L.L.C., attorneys for respondent the Estate of Anna Ruszala (Thomas P. Frascella, Princeton, on the brief).

Andrew J. D'Arcy, Galloway, argued the cause for respondent Ida Azzaro (D'Arcy Johnson Day, P.C., attorneys; Mr. D'Arcy, on the brief).

Before Judges SKILLMAN, FUENTES, and GILROY.

The opinion of the court was delivered by

FUENTES, J.A.D.

These back-to-back appeals, consolidated for the purpose of this opinion, require us to determine the enforceability of arbitration provisions in nursing home contracts. Specifically, we must decide whether § 2 of the Federal Arbitration Act (FAA), 9 U.S.C.A. § 2, which declares arbitration provisions in contracts "valid, irrevocable, and enforceable," preempts the public policy of...

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