Mr. Carney is particularly experienced in all matters relating to arbitration and he has extensive experience with petitions and motions to compel litigation out of the Superior Court and into binding judicial arbitration. Mr. Carney successfully defended a trial court's Order compelling a matter into arbitration. The plaintiff filed a Petition for Writ of Mandate with the Court of Appeal and the Appellate Court requested that Mr. Carney's client (a skilled nursing facility) file an Opposition, which is a very uncommon request from the Court of Appeal. At issue in the plaintiff's petition was whether or not the defendant's arbitration agreement (and California case law) governed a cause of action for “wrongful death by elder abuse”. Mr. Carney's Opposition explained to the Court of Appeal that no such cause of action exists under California statutory or decisional law. Soon after Mr. Carney's Opposition was filed, the Court of Appeal summarily denied the plaintiff's Writ petition and affirmed the trial court's order to compel arbitration. (California Court of Appeal Case Number B288295, Petition Denied June 14, 2018.)

Mr. Carney holds an AV-Preeminent rating from his peers, in both legal ethics and knowledge in the area of health care litigation. He is also experienced in advising clients on standard of care issues pertaining to acute care facilities, assisted living facilities, residential care facilities and skilled nursing facilities.