Justia Arbitration & Mediation Opinion Summaries

In this fifth appeal before the Supreme Court regarding a class action lawsuit stemming from two circuit court orders denying Appellant's motion to enforce arbitration agreements and its motion to compel class members with arbitration agreements to submit their claims to binding arbitration, holding that remand was necessary.After the Supreme Court's ruling in Phillips II, Appellant filed a motion to enforce arbitration agreements and to compel 197 residents with arbitration agreements to submit their claims to binding arbitration. After the ruling in Phillips III, Appellant moved to enforce arbitration agreements and to compel thirty-three residents with arbitration agreements to submit their claims to binding arbitration. The court entered an order with respect to both motions, from which Appellant appealed. The Supreme Court remanded the case with instructions, holding that the circuit court failed to provide the Supreme Court with specific findings with respect to each arbitration agreement and individual resident and that such findings were necessary for the Court to conduct a proper appellate review. View "Robinson Nursing & Rehabilitation Center, LLC v. Phillips" on Justia Law

The Supreme Court dismissed this interlocutory appeal of a vacated class certification order and directed the circuit court to remand the case to address motions to compel arbitration, holding that this appeal was moot.Plaintiffs, who represented the estates of former residents of fourteen different nursing homes, alleged breach of contract and unjust enrichment claims against the nursing homes, in violation of the Arkansas Civil Rights act and the Arkansas Deceptive Trade Practices Act. The nursing homes moved to compel arbitration for all but two of the named plaintiffs, after which the plaintiffs moved for class certification. The circuit court granted Plaintiffs' motion for class certification without ruling on the motions to compel arbitration. The nursing homes brought an interlocutory appeal of the class-certification order and petitioned for writ of prohibition, mandamus, and certiorari. The Supreme Court granted the writ petition, vacating the order granting class certification, and ordered the circuit court to rule on the motions to compel before ruling on class certification, holding that the interlocutory appeal of the vacated class-certification order was moot. View "Reliance Health Care, Inc. v. Mitchell" on Justia Law

The Supreme Court remanded this case after Appellant appealed a circuit court order granting in part and denying in part its motion to enforce arbitration agreements and to compel class members with arbitration agreements to submit their claims to binding arbitration, holding that remand was required.In this case involving several claims against a nursing home, Plaintiff moved to enforce arbitration agreements and to compel other class members with arbitration agreements to submit their claims to binding arbitration, a motion that involved arbitration agreements signed by thirty-three residents at admission. The circuit court granted the motion with respect to fifteen residents and denied it with respect to eighteen residents. The Supreme Court remanded the case with instructions for the circuit court to make findings regarding its order denying Plaintiffs motion to compel arbitration, holding that, in order to conduct a proper appellate review, this Court must know the circuit court's rationale for its decision. View "Robinson Nursing & Rehabilitation Center, LLC v. Phillips" on Justia Law

The Supreme Court reversed the judgment of the circuit court denying Appellants' motion to compel arbitration pursuant to the arbitration agreement contained in the parties' installment-sales contract, holding that the contract was supported by mutual obligations and plainly stated that Appellants did not waive arbitration by obtaining a monetary judgment in the small claims division of district court.Appellees purchased a vehicle with an installment-sales contract but failed to make their scheduled payments. Appellees voluntarily surrendered the vehicle, the vehicle was sold, and Appellees' account was credited. Appellants filed a complaint in the small claims division seeking payment for the remaining balance, and the district court entered judgment against Appellees. Appellees appealed, counterclaimed based on usury and Uniform Commercial Code violations, and sought class certification. Appellants sought to compel arbitration. The circuit court denied the motion, concluding that the arbitration agreement at issue lacked mutuality of obligation and that Appellants waived the right to arbitrate by first proceeding in district court. The Supreme Court reversed, holding (1) the arbitration agreement was valid; and (2) Appellants did not waive arbitration by first seeking monetary relief in district court. View "Jorja Trading, Inc. v. Willis" on Justia Law

In this interlocutory appeal, the Supreme Court reversed the order of the circuit court denying BHC Pinnacle Point Hospital, LLC's motion to compel arbitration of a class action complaint filed by Employees, individually and on behalf of all others similarly situated, holding that Employees' claims fell within the scope of their voluntary arbitration agreements with Pinnacle Pointe.In their complaint, Employees alleged that Pinnacle Point violated the minimum wage and overtime provisions of the Arkansas Minimum Wage Act (AMWA), Ark. Code Ann. 11-4-201 et seq. Pinnacle Point filed a motion to dismiss the complaint and compel arbitration, asserting that Employees' claims fell within the scope of their respective alternative resolution for conflicts agreements they executed with Pinnacle Pointe. The circuit court denied the motion. The Supreme Court reversed, holding that the circuit court erred as a matter of law in denying Pinnacle Pointe's motion to compel arbitration. View "BHC Pinnacle Pointe Hospital, LLC v. Nelson" on Justia Law

The Supreme Court affirmed in part and reversed and remanded in part the order of the circuit court denying motions to compel arbitration of a class-action complaint filed by Appellees, holding that Appellants failed to meet their burden of proving a valid and enforceable arbitration agreement with respect to certain agreements but that Appellants met their burden to prove the validity of the remainder of the arbitration agreements.Appellees filed a class-action complaint against Appellants, a nursing home and related entities, alleging that Appellants had breached their admission and provider agreements, violated the Arkansas Deceptive Trade Practices Act, committed negligence and civil conspiracy, and had been unjustly enriched. Appellants' filed four motions to compel arbitration with respect to ten class members/residents. The circuit court denied the motions. The Supreme Court affirmed in part and reversed in part, holding (1) certain arbitration agreements contained deficiencies that prevented Appellants from meeting their burden of proving a valid and enforceable arbitration agreement; and (2) Appellants met their burden to prove the validity of the remainder of the arbitration agreements not already discussed. View "Robinson Nursing & Rehabilitation Center, LLC v. Phillips" on Justia Law

After the underlying business dispute proceeded to arbitration, Appellees filed in the circuit court a petition to enforce the award, and Appellant filed a cross-petition to vacate the award. The circuit court confirmed the award. Appellant appealed, arguing that the arbitrator lacked the authority to hear the case under either federal or Arkansas law and that the award should have been vacated on public policy grounds. The Supreme Court affirmed the circuit court’s order confirming the award, holding (1) jurisdiction was properly under the Federal Arbitration Act; and (2) the circuit court did not err in failing to vacate the award on public policy grounds. View "Kilgore v. Mullenax" on Justia Law

Appellants Courtyard Gardens Health and Rehabilitation, LLC and others (“collectively Courtyard”), appealed a circuit court order denying their motion to dismiss and compel arbitration of the claims brought against them by appellee Patricia Sheffield, as special administrator of the estate of Maylissia Holliman. Courtyard argued: (1) the circuit court erroneously ruled that Johnathan Mitchell, Holliman’s emergency custodian, did not have authority to bind her to the arbitration agreement; and (2) that the arbitration agreement was unenforceable because of the unavailability of the National Arbitration Forum (“NAF”). After review of this matter, the Supreme Court affirmed the court’s ruling that the custodian did not have authority to execute the arbitration agreement. Because the agreement was invalid, the Court did not address appellants' second point. View "Courtyard Gardens Health & Rehab. v. Sheffield" on Justia Law

At issue in this case were three different versions of an account agreement between Appellees, who are customers of Bank of the Ozarks, and Ozarks, which holds the accounts. The agreements included an arbitration provision. Appellees filed a class-action complaint against Ozarks, and Ozarks filed a motion to compel arbitration. The circuit court denied the motion, concluding that the arbitration provision in the account agreement was unconscionable. The Supreme Court reversed and remanded for a determination as to whether there was a valid agreement to arbitrate. On remand, the circuit court determined that there was not a valid agreement to arbitrate. The Supreme Court affirmed, holding that the circuit court did not err in finding that the agreement lacked mutuality of obligation and in thus denying Ozarks’s motion to compel arbitration. View "Bank of the Ozarks, Inc. v. Walker" on Justia Law

Appellees, former residents of certain nursing homes and special administrators, guardians, or attorneys-in-fact of former residents, filed a class action complaint against Appellants, GGNSC Holdings, LLC and related entities and employees. GGNSC moved to compel arbitration of claims asserted by five particular residents who, at the time of their admission into nursing homes, entered into arbitration agreements. The circuit court ultimately denied arbitration, finding that three of the five arbitration agreements were invalid because they were signed by individuals who lacked authority to agree to arbitrate and that the remaining two agreements were not enforceable to compel arbitration based on the defenses of impossibility of performance and unconscionability. The Supreme Court reversed, holding that the circuit court erred by refusing to enforce the valid arbitration agreements based on the defenses of impossibility of performance and unconscionability. Remanded for the entry of an order compelling arbitration. View "GGNSC Holdings, LLC v. Lamb" on Justia Law