No. 19-1154

Robinson Nursing and Rehabilitation Center, LLC, et al. v. Andrew Phillips, as Personal Representative of the Estate of Dorothy Phillips, et al.

Lower Court: Arkansas
Docketed: 2020-03-20
Status: Denied
Type: Paid
Experienced Counsel
Tags: contract-formation contract-interpretation contract-law federal-arbitration-act mutuality-of-assent mutuality-of-obligation preemption state-law-rules third-party-beneficiaries
Key Terms:
Arbitration Privacy ClassAction
Latest Conference: 2020-06-25
Question Presented (AI Summary)

Whether the FAA preempts a state-law contract rule that singles out arbitration agreements

Question Presented (OCR Extract)

QUESTIONS PRESENTED The Federal Arbitration Act (FAA) provides that arbitration agreements “shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.” 9 U.S.C. § 2. That provision requires states to “place[] arbitration contracts ‘on equal footing with all other contracts.” DIRECTV, Inc. v. Imburgia, 136 8S. Ct. 463, 468 (2015) (quoting Buckeye Check Cashing, Inc. v. Cardegna, 546 U.S. 440, 443 (2006)). The Supreme Court of Arkansas here refused to enforce hundreds of arbitration agreements. It improperly found that “the arbitration agreement was a separate contract from the admission agreement, regardless of whether it was incorporated into or operated as an addendum to the admissions agreement.” App., infra, 20a. Once separated, it misapplied well-established rules of contract interpretation to hold that the arbitration agreements did not apply to the residents, while still allowing the residents to pursue contract claims based on the validity of the underlying contract. The questions presented are: 1. Whether the FAA preempts a_ state-law contract rule that singles out arbitration agreements for invalidation because they were signed by family members or other persons for the benefit of the third-party residents now bringing the claims. 2. Whether the FAA preempts a_ state-law contract rule’ singling out arbitration agreements by imposing a “mutuality of ii obligation” requirement to them that is not a requirement for other contracts. 3. Whether the FAA preempts a_ state-law contract rule that singles out arbitration agreements due to lack of “mutuality of assent” because they were not signed by the party seeking to enforce it, when Arkansas law allows other contracts to be valid and enforceable without a signature based on other factors including actual performance.

Docket Entries

2020-06-29
Petition DENIED.
2020-06-09
DISTRIBUTED for Conference of 6/25/2020.
2020-06-05
Reply of petitioners Robinson Nursing and Rehabilitation Center, et al. filed. (Distributed)
2020-05-29
Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from June 2, 2020 to June 9, 2020, submitted to The Clerk.
2020-05-29
Motion to delay distribution of the petition for a writ certiorari until June 9, 2020, granted.
2020-05-18
Brief of respondents Andrew Phillips, et al. in opposition filed.
2020-04-10
Motion to extend the time to file a response is granted and the time is extended to and including June 4, 2020.
2020-04-06
Motion to extend the time to file a response from April 20, 2020 to June 4, 2020, submitted to The Clerk.
2020-03-18
Petition for a writ of certiorari filed. (Response due April 20, 2020)

Attorneys

Andrew Phillips, et al.
Matthew David SwindleReddick Moss, PLLC, Respondent
Matthew David SwindleReddick Moss, PLLC, Respondent
H. Gregory CampbellCampbell Law Firm, P.A., Respondent
H. Gregory CampbellCampbell Law Firm, P.A., Respondent
Robinson Nursing and Rehabilitation Center, et al.
Philip S. GoldbergShook Hardy & Bacon LLP, Petitioner
Philip S. GoldbergShook Hardy & Bacon LLP, Petitioner