Legal Opinion

Shirley Cotton v. GGNSC Batesville, L.L.C.

Court of Appeals for the Fifth Circuit

Decided March 15, 2016No. 15-60124, 15-60248PublishedCited by 24 opinions

1Opinion of the Court

STEPHEN A. HIGGINSON, Circuit Judge:

Paqline Tillman Wagner and Ida Roberson died in Mississippi nursing homes run by Golden Living Southaven and Golding Living Center Batesville, respectively. Thereafter, Wagner’s son, Sammy Gross, and Roberson’s daughter, Shirley Cotton, sued the nursing homes in Mississippi state court. Southaven and Batesville removed the cases to federal court and moved to compel arbitration on the basis of arbitration agreements that the adult children had signed for their mothers when their mothers were admitted to the homes. Both district courts’ denied the motions to…

2Cases cited36 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  3. Pullman-Standard v. SwintSupreme Court of the United States · 1982
  4. Webb v. Investacorp, Inc.Court of Appeals for the Fifth Circuit · 1996
  5. Marmet Health Care Center, Inc. v. BrownSupreme Court of the United States · 2012

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3Cited by24 opinions

  1. John Hays v. HCA Holdings, IncorporatedCourt of Appeals for the Fifth Circuit · 2016
  2. Chevron Oronite Company, LLC v. Jacobs Field SvcsCourt of Appeals for the Fifth Circuit · 2020
  3. Papalote Creek II, L.L.C. v. Lower Colorado RiverCourt of Appeals for the Fifth Circuit · 2019
  4. Crowe v. GGNSC Ripley, LLCDistrict Court, N.D. Mississippi · 2018
  5. ACE American Insurance Company, Allianz Global Risks US Insurance Company, AXIS Specialty Europe S.E., Endurance Worldwide Insurance Limited, Helvetia Swiss Insurance Company, Ltd., Houston Casualty Company, MS Amlin Corporate Member Limited, Navigators Management Company, Inc., Partner Re Ireland Insurance DAC, Swiss Re International S.E., Luxembourg, Zurich Branch, XL Insurance America, Inc., Zurich American Insurance Company, National Union Fire Insurance Company of Pittsburgh, PA., Oklahoma Specialty Insurance Company, QBE Insurance (Europe) Limited, HDI Global Insurance Company, SCOR UK Company Limited, XLC 2003, Aspen Specialty Insurance Company, AXIS Managing Agency Ltd. for AXIS Syndicates 1686 and 2007 f/k/a Novae Syndicate 2007, Great Lakes Insurance SE, Talbot Underwriting Ltd., Markel Bermuda Limited, Starstone Underwriting Limited, Argo Managing Agency Limited, Allied World Assurance Company, Ltd., Pioneer Natural Resources as Subrogees of Enterprise Products Partners L.P., Enterprise Products Partners L.P., and Enterprise Gas Processing, LLC v. Hetsco, Inc.Mississippi Supreme Court · 2024

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