Articles Posted in Arbitration & Mediation

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The Supreme Court reversed the district court’s order denying Kindred Nursing and Rehabilitation - Wind River’s motion to compel arbitration in this wrongful death action. Aletha Boyd died following her discharge from Kindred. Aletha’s daughter, Susan Boyd, filed this action alleging that Kindred’s negligence in caring for Aletha caused her death. Kindred moved to compel arbitration pursuant to an alternative dispute resolution (ADR) agreement signed by Leanna Putman, Aletha’s other daughter and representative under a power of attorney at the time of Aletha’s admission into the nursing home. The district court denied the motion without providing reasons for doing so. The Supreme Court remanded with instructions to order arbitration as required by the ADR agreement, holding (1) Putnam had the authority to sign the ADR agreement on Aletha’s behalf; and (2) the ADR was neither unconscionable nor lacked mutuality of assent or sufficient consideration. View "Kindred Heathcare Operating, Inc. v. Boyd" on Justia Law

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This case involved an appeal from two district court orders, (1) an order regarding motions related to arbitration and (2) a decision and order over-ruling and denying any requested relief regarding defendants' objections to order regarding motions related to arbitration. In the first order, the district court granted appellee's motion to compel arbitration and stayed district court proceedings. In the second order, the district court overruled objections to the first order. At issue was whether the order compelling arbitration was a final, appealable order. After an examination of state court rules, state statutes, and the Federal Arbitration Act, the Supreme Court held that neither the first nor the second order was an appealable order and dismissed the appeal. View "Dennis v. Jack Dennis Sports, Inc." on Justia Law