Strausberg v. Laurel Healthcare Providers, LLC

OPINION

VIGIL, Justice.

I. INTRODUCTION

In this case we address which party has the burden to prove that a contract is unconscionable and, therefore, unenforceable. PlaintiffNina Strausberg signed an arbitration agreement as a mandatory condition of her admission to the Arbor Brook Healthcare nursing home. Despite having signed the arbitration agreement, Plaintiff subsequently sued Arbor Brook and several other defendants for alleged negligent care. Defendants moved the district court to compel arbitration and to dismiss Plaintiffs case. In response, Plaintiff argued that the arbitration…