Legal Opinion
Strausberg v. Laurel Healthcare Providers, LLC
New Mexico Court of Appeals
Decided January 6, 2012No. 33,331; Docket No. 29,238PublishedCited by 8 opinions
1Opinion of the Court
OPINION
VIGIL, Judge.
{1} A party who seeks to compel arbitration has the burden to prove the existence of a valid agreement to arbitrate. In this case, however, the district court shifted the burden to Plaintiff to prove that the agreement is invalid, and granted Defendants’ motion to compel arbitration under a nursing home mandatory arbitration agreement. We reverse and remand.
BACKGROUND
{2} Plaintiff was required to sign an arbitration agreement in order to be admitted into a nursing home, Arbor Brook Healthcare (Arbor Brook) to rehabilitate from back surgery. Notwithstanding the agreement to…
2Cases cited25 opinions
- Hume v. United StatesSupreme Court of the United States · 1889
- Charles Harris v. Green Tree Financial CorporationCourt of Appeals for the Third Circuit · 1999
- State v. TorresNew Mexico Supreme Court · 1999
- Teresita J. Dumais v. American Golf Corporation, Doing Business as Paradise Hills Golf Club, a Foreign Corporation and William WinklerCourt of Appeals for the Tenth Circuit · 2002
- Cordova v. World Finance Corp. of NMNew Mexico Supreme Court · 2009
20 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Strausberg v. Laurel Healthcare Providers, LLCNew Mexico Supreme Court · 2013
- Ruppelt v. Laurel Healthcare Providers, L.L.C.New Mexico Court of Appeals · 2012
- Luginbuhl v. City of GallupNew Mexico Court of Appeals · 2013
- Maestas v. HallNew Mexico Supreme Court · 2012
- Griego v. St. John Healthcare & Rehabilitation Center, LLCNew Mexico Court of Appeals · 2014
3 more not listed; retrieve them via the Exa API.