Courtyard Gardens Health & Rehabilitation, LLC v. Arnold

I respectfully dissent. Other jurisdictions have been presented with the issue whether arbitration agreements between nursing homes and residents are rendered unenforceable when the chosen forum is unavailable. I recognize that there is a substantial split of authority on the issue. See, e.g., Meskill v. GGNSC Stillwater Greeley LLC, 862 F.Supp.2d 966 (D.Minn.2012); Wert v. Manorcare of Carlisle PA, LLC, 124 A.3d 1248 (Pa. 2015); Miller v. GGNSC Atlanta, LLC, 323 Ga.App. 114, 746 S.E.2d 680 (2013). While the majority accepts the arguments advanced by the nursing home in this case, I am not…