Legal Opinion

Schultz v. GGNSC St. Paul Lake Ridge LLC

District Court, D. Maine

Decided February 27, 2018No. Civil No. 17–2754 (JRT/FLN)Published

1Opinion of the CourtJohn R. Tunheim, Chief Judge

GGNSC St. Paul Lake Ridge LLC ("Lake Ridge"), brought this Motion to Compel Arbitration and Stay Proceedings in a wrongful death action brought by Robert Schultz ("Plaintiff"), trustee for the next of kin of Rosemary Schultz, decedent. Lake Ridge alleges that Plaintiff's wrongful death action is subject to arbitration pursuant to a mutual, binding Arbitration Agreement signed by the decedent's power of attorney when the decedent was admitted to Lake Ridge's nursing home facility. Because the Court will find that Plaintiff's claim is derivative and therefore bound by the Arbitration Agreement,…

2Cases cited27 opinions

  1. United Steelworkers v. Warrior & Gulf Navigation Co.Supreme Court of the United States · 1960
  2. Green Tree Financial Corp.-Alabama v. RandolphSupreme Court of the United States · 2000
  3. Doctor's Associates, Inc. v. CasarottoSupreme Court of the United States · 1996
  4. In Re Labatt Food Service, L.P.Texas Supreme Court · 2009
  5. Russell v. Ingersoll-Rand Co.Texas Supreme Court · 1992

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