GGNSC Holdings LLC v. Chappel

The special administrator of the Estate of W.C. Chappel filed an action on behalf of herself and other members of a class of similarly situated persons (collectively, Appellees) alleging claims of negligence and wrongful death against GGNSC Holdings, LLC, related corporate entities, several of GGNSC’s nursing-facility centers, and employees of GGNSC or one of its related entities (collectively, Appellants). Specifically, Appellees alleged that Appellants failed to properly care for patients in GGNSC’s nursing facilities. Appellants filed motions to compel arbitration, alleging that any claims by Appellees were barred from being litigated because of arbitration agreements that were signed by the residents or their authorized agents. The circuit court denied the motions, concluding that there was a lack of authority to bind Appellees to the arbitration agreements and that the agreements were unconscionable. The Supreme Court reversed, holding that the circuit court erred in failing to expressly rule on the threshold issue of whether there was a valid agreement to arbitrate. Remanded. View "GGNSC Holdings LLC v. Chappel" on Justia Law