Legal Opinion

Clark v. Renaissance West, LLC

Court of Appeals of Arizona

Decided July 30, 2013No. 1 CA-CV 12-0692PublishedCited by 32 opinions

1Opinion of the Court

OPINION

GOULD, Judge.

¶ 1 This appeal examines whether the trial court erred in ruling that an arbitration agreement was substantively unconscionable because the cost to arbitrate was prohibitively high. For the following reasons, we affirm.

Facts and Procedural Background

¶ 2 After having surgery for a hip fracture, eighty-eight-year-old John H. Clark (“Plaintiff’) was admitted into Springdale West, a skilled nursing facility owned by Renaissance West, LLC and Renaissance West Realty, LLC (collectively, “Defendants”). Three days later, he signed an arbitration agreement (the “Agreement”) which…

2Cases cited9 opinions

  1. Gilmer v. Interstate/Johnson Lane Corp.Supreme Court of the United States · 1991
  2. Green Tree Financial Corp.-Alabama v. RandolphSupreme Court of the United States · 2000
  3. Maxwell v. Fidelity Financial Services, Inc.Arizona Supreme Court · 1995
  4. Steve R. Faber v. Menard, Inc.Court of Appeals for the Eighth Circuit · 2004
  5. Estate of Nelson v. RiceCourt of Appeals of Arizona · 2000

4 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Dueñas v. Life Care Centers of America, Inc.Court of Appeals of Arizona · 2014
  2. Longnecker v. American Express Co.District Court, D. Arizona · 2014
  3. Paduano v. Express Scripts, Inc.District Court, E.D. New York · 2014
  4. Gullett ex rel. Estate of Gullett v. Kindred Nursing Centers West, L.L.C.Court of Appeals of Arizona · 2017
  5. Evangelical Lutheran Good Samaritan Society v. MorenoDistrict Court, D. New Mexico · 2017

27 more not listed; retrieve them via the Exa API.

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