Tag Archives: Arbitration

NM Court of Appeals strikes down another nursing home arbitration agreement

by Emil J. Kiehne Posted on August 20, 2012

In response to a wrongful death lawsuit arising from the death of a resident, a Belen nursing home sought to enforce an arbitration agreement, which required that all disputes between the resident (or his family) and the nursing home be … Continue reading →

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Court of Appeals issues reminder that separate arbitrations can be consolidated.

by Emil J. Kiehne Posted on August 5, 2012

In the last of the Court of Appeals’ recent trifecta of arbitration decisions, Lyndoe v. D.R. Horton, Inc. (decided on July 24), we are reminded that separate arbitration cases can be consolidated, at least in some circumstances.  The prospect of … Continue reading →

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Court of Appeals largely invalidates arbitration agreement in dispute arising from repo man shooting

by Emil J. Kiehne Posted on July 30, 2012

Harry Clay borrowed $2,400 from New Mexico Title Loans, secured by his vehicle.  When he failed to repay it, two employees of Certified Adjusters tried to repossess it.  Clay resisted, and one of the employees shot him, leaving him unable … Continue reading →

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Nursing home arbitration agreement was unconscionably unbalanced, says Court of Appeals

by Emil J. Kiehne Posted on July 27, 2012

Over the past week and a half, the Court of Appeals has issued a trifecta of decisions dealing with arbitration agreements. The first of these, Figueroa v. THI of New Mexico at Casa Arena Blanca LLC, addressed a nursing home … Continue reading →

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