GGNSC Chestnut Hill LLC v. Schrader, 2018 WL 3405339 (D. Mass. July 12, 2018), questions certified by 917 F.3d 20 (1st Cir. 2019), certified questions answered by 484 Mass. 181 (2020)
Assisted in briefing, both in First Circuit and Supreme Judicial Court, questions of first impression on Massachusetts law regarding the scope of the wrongful death claim. On certified questions from the First Circuit, the Supreme Judicial Court ruled that wrongful death actions are derivative of the decedent’s cause of action such that an arbitration agreement between a nursing home and the decedent also binds the decedent’s heirs and beneficiaries. This case reinforced the strong Massachusetts policy in favor of arbitration and clarified the scope of such agreements in the context of wrongful death actions.