Legal Opinion

Dueñas v. Life Care Centers of America, Inc.

Court of Appeals of Arizona

Decided October 21, 2014No. 1 CA-CV 13-0477PublishedCited by 37 opinions

1Opinion of the Court

OPINION

SWANN, Judge.

¶ 1 A respite-care resident and a nursing facility entered into arbitration agreements. The resident’s statutory beneficiaries and estate brought claims for wrongful death and violations of the Adult Protective Services Act (“APSA”), and the superior court dismissed those claims as subject to arbitration. We affirm the court’s conclusion that the arbitration agreements were generally enforceable between the parties. We hold, however, that (1) the beneficiaries’ wrongful-death claims are not subject to the resident’s arbitration agreements, and (2) the APSA claim is not…

2Cases cited22 opinions

  1. Bridas S.A.P.I.C. v. Government of TurkmenistanCourt of Appeals for the Fifth Circuit · 2003
  2. Darner Motor Sales, Inc. v. Universal Underwriters InsuranceArizona Supreme Court · 1984
  3. Maxwell v. Fidelity Financial Services, Inc.Arizona Supreme Court · 1995
  4. Broemmer v. Abortion Services of Phoenix, Ltd.Arizona Supreme Court · 1992
  5. Ruiz v. PodolskyCalifornia Supreme Court · 2010

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3Cited by37 opinions

  1. Dimitri Shivkov v. Artex Risk Solutions, Inc.Court of Appeals for the Ninth Circuit · 2020
  2. Dobson Bay Club II DD, LLC v. La Sonrisa De Siena, LLCArizona Supreme Court · 2017
  3. Jacob Benson v. Casa De Capri EnterprisesCourt of Appeals for the Ninth Circuit · 2020
  4. Gullett ex rel. Estate of Gullett v. Kindred Nursing Centers West, L.L.C.Court of Appeals of Arizona · 2017
  5. Sierra Tucson, Inc. v. Bergin Ex Rel. County of PimaCourt of Appeals of Arizona · 2016

32 more not listed; retrieve them via the Exa API.

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