Wisconsin Appellate Law Appellate Developments Affecting Wisconsin Business

Tag Archives: GVR

Marmet Health Care Center, Inc. v. Brown: Another Lesson in the FAA’s Preemption

Posted in Court of Appeals; Federal Decisions; Supreme Court; Wisconsin Decisions

Ignoring established precedent from a superior tribunal is one way for a court to earn a sharp rebuke from a higher court. And that is precisely what happened in a consolidated decision today in Marmet Health Care Center, Inc. v. Brown, No. 11-391, and in Clarksburg Nursing Home & Rehabilitation Center LLC v. Marchio, No. 11-394, where the Supreme Court of the United States granted writs of certiorari to the Supreme Court of Appeals of West Virginia, vacated that court’s judgments, and remanded for further proceedings — a practice known as a “GVR,” drawn from the first letter of the three words “grant,” “vacate,” and “remand.”

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