Tag Archives: Nursing Homes

Motion to compel arbitration is not a Get-Out-Of-Discovery-Free card, says NM Court of Appeals

by Emil J. Kiehne Posted on January 29, 2013

In Weiss v. THI of New Mexico at Valle Norte, LLC, the New Mexico Court of Appeals has held that the mere filing of a motion to compel arbitration does not automatically stay a party’s discovery obligations. I think the Court’s … Continue reading →

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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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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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