Legal Opinion

Weiss v. Thi of New Mexico at Valle Norte, LLC

New Mexico Supreme Court

Decided April 3, 2013No. 34,054; Docket No. 30,296PublishedCited by 2 opinions

1Opinion of the Court

OPINION

CASTILLO, Chief Judge.

A nursing home and its affiliates and administrator (Defendants) appeal from a district court decision denying their motion to compel arbitration and stay proceedings. The court based its denial on its conclusion that Defendants waived their right to arbitrate and that the arbitration agreement is unconscionable. Defendants also appeal the imposition of $25,000 in sanctions against them. The parties have resolved the underlying issues of waiver and unconscionability, so we do not address them. We affirm the imposition of sanctions.

I. BACKGROUND

Because our sole…

2Cases cited34 opinions

  1. Sims v. SimsNew Mexico Supreme Court · 1996
  2. United Nuclear Corp. v. General Atomic Co.New Mexico Supreme Court · 1980
  3. New Mexico Right to Choose/NARAL v. JohnsonNew Mexico Supreme Court · 1999
  4. In re GandyCourt of Appeals for the Fifth Circuit · 2002
  5. Edward HOULIHAN; Agnes Houlihan, Appellees, v. OFFERMAN & COMPANY, INCORPORATED, AppellantCourt of Appeals for the Eighth Circuit · 1994

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3Cited by2 opinions

  1. Aduz v. OjiakuNew Mexico Court of Appeals · 2014
  2. Vinyard v. Palo Alto Inc.New Mexico Court of Appeals · 2019

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