Legal Opinion
Drury v. ASSISTED LIVING CONCEPTS, INC.
Court of Appeals of Oregon
Decided August 31, 2011No. 080405881; A141068PublishedCited by 8 opinions
1Opinion of the CourtOrtega, P. J.
Defendants appeal from an order denying their petition to compel arbitration of plaintiffs claims for wrongful death. ORS 36.730(l)(a). Because we conclude that plaintiff is not bound by the contract containing the arbitration provision on which defendants rely, we affirm.
We understand the following facts to be undisputed. Defendant Assisted Living Concepts, Inc. (ALC) owns an assisted living facility. Defendant Kim Maree Lewis was the executive director of the facility. The arbitration provision at issue appears in the Residency Agreement that was executed when Dorothy Drury (decedent) was…
2Cases cited18 opinions
- At&T Technologies, Inc. v. Communications WorkersSupreme Court of the United States · 1986
- Arthur Andersen LLP v. CarlisleSupreme Court of the United States · 2009
- Outdoor Media Dimensions Inc. v. StateOregon Supreme Court · 2001
- United States v. OregonSupreme Court of the United States · 1961
- Kevin Comer v. Micor, Inc. Kenneth C. Smith Elliot H. Wagner Barbara Arbucci, and Salomon Smith Barney, Inc.Court of Appeals for the Ninth Circuit · 2006
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