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Sunday, September 20, 2020

New Tennessee Health Care Liability Action Opinion (Nursing Home): Case Remanded to Trial Court to Determine Whether an Agreement to Arbitrate Was Formed Under Federal Arbitration Act

The Tennessee Court of Appeals recently issued its opinion in Manley v. Humboldt Nursing Home, Inc., No. W2019-00131-COA-R3-CV (Tenn. Ct. App. Sept. 17, 2020).  The syllabus from the slip opinion reads:

After a nursing home resident died, her daughter filed a wrongful death action against the facility. The nursing home moved to compel arbitration based on an arbitration agreement signed by the daughter when her mother was admitted to the facility. The daughter claimed that she lacked authority to sign the arbitration agreement for her mother. The trial court agreed and denied the motion to compel. On appeal, we conclude that the Federal Arbitration Act required the trial court to resolve the issue of whether an agreement to arbitrate had been formed. Because the nursing home failed to establish an agreement to arbitrate had been formed with the patient, we affirm. 

Here is a link to the slip opinion:

NOTE: This opinion, like my prior post, offers a good explanation of arbitration in Tennessee.  It also offers a good discussion of agency (implied and apparent).  A good read.  

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