Legal Opinion

Preferred Care of Delaware, Inc. v. Vanarsdale

Court of Appeals for the Sixth Circuit

Decided January 13, 2017No. 16-5209UnpublishedCited by 35 opinions

1Opinion of the Court

ROGERS, Circuit Judge.

This case involves the propriety of Colorado River abstention in a federal lawsuit brought under the Federal Arbitration Act. After Simm VanArsdale’s mother died in the care of a nursing home run by Preferred Care of Delaware, he brought suit in state court on behalf of her estate, asserting a number of state-law claims of negligence as well as a claim for wrongful death. While his mother was still alive, VanArsdale had assumed authority over her financial and health care decisions through a general durable power-of-attorney agreement, and, acting under that authority,…

2Cases cited13 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
  3. Brillhart v. Excess Insurance Co. of AmericaSupreme Court of the United States · 1942
  4. Southland Corp. v. KeatingSupreme Court of the United States · 1984
  5. Great Earth Companies, Inc., and Great Earth International Franchising Corp. v. Richard Simons and Kimberly SimonsCourt of Appeals for the Sixth Circuit · 2002

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

3Cited by35 opinions

  1. Aptim Corporation v. Dorsey McCallCourt of Appeals for the Fifth Circuit · 2018
  2. Quality Assocs., Inc v. Procter & Gamble Distr., LLCCourt of Appeals for the Sixth Circuit · 2020
  3. Nancy G. Atkins, Liquidator of Ky. Health Coop., Inc. v. Cgi Techs. & Solutions, Inc.District Court, E.D. Kentucky · 2018
  4. Beam Partners, LLC v. Nancy G. Atkins, Liquidator of Ky. Health Coop., Inc.District Court, E.D. Kentucky · 2018
  5. Milliman, Inc. v. RoofDistrict Court, E.D. Kentucky · 2018

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

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