Legal Opinion

Figueroa v. Thi of New Mexico

New Mexico Supreme Court

Decided October 3, 2012No. 33,762; Docket No. 30,477PublishedCited by 5 opinions

1Opinion of the Court

OPINION

VIGIL, Judge.

This case requires us to examine whether an arbitration agreement that a nursing home requires to be signed as a condition of admission is substantively unconscionable. Agreeing with the district court that the agreement is unfairly and unreasonably one-sided in favor of the nursing home, we affirm.

I. BACKGROUND

Defendant, THI of New Mexico at Casa ArenaBlanca, LLC (THICAB), operates Casa Arena Blanca, a nursing home in Alamogordo, NewMexico. Marlene Urbina sought to admit her mother, Dolores Figueroa, to Casa Arena Blanca in August 2008. Ms. Urbina had been granted a…

2Cases cited35 opinions

  1. Doctor's Associates, Inc. v. CasarottoSupreme Court of the United States · 1996
  2. Perry v. ThomasSupreme Court of the United States · 1987
  3. Armendariz v. Found. Health Psychcare Servs., Inc.California Supreme Court · 2000
  4. In Re Firstmerit Bank, N.A.Texas Supreme Court · 2001
  5. Ora Lee Williams v. Walker-Thomas Furniture Company, William Thorne v. Walker-Thomas Furniture CompanyCourt of Appeals for the D.C. Circuit · 1965

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3Cited by5 opinions

  1. Figueroa v. THI of New MexicoNew Mexico Court of Appeals · 2012
  2. Juarez v. THI of New Mexico at Sunset VillaNew Mexico Court of Appeals · 2022
  3. Pacifica Rosemont, LLC v. MurphyDistrict Court, D. New Mexico · 2024
  4. Pacifica Rosemont, LLC v. RuyleDistrict Court, D. New Mexico · 2023
  5. State Ex Rel. CYFD v. Ruben C.New Mexico Court of Appeals · 2021

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