High v. Capital Senior Living Properties 2—Heatherwood, Inc.

OPINION AND ORDER DENYING DEFENDANT’S MOTION TO DISMISS

DAVID M. LAWSON, District Judge.

Relying on an unsigned agreement containing arbitration and choice-of-forum clauses, the defendant has moved to dismiss this wrongful death case for failure to state a claim, want of subject-matter jurisdiction and improper venue. The parties presented oral argument on the motion in open court on December 11, 2008. Because the record casts considerable doubt over the question whether the plaintiffs decedent knowingly and intentionally waived her right to adjudicate disputes in court or assented to those…