Oral arg. – COA – Tuesday, July 21, 2015

At 1:30, the COA will hear the case of Louisiana Extended Care Center, LLC, et al.   v. Carolyn Bindon.  The lower court denied the defendants’ motion to compel arbitration.

Frank Bindon  was admitted to the nursing facility Adams County Nursing Center in February  2008. At the time of admission, Carolyn Bindon, his wife,  served as his responsible party. Both Frank Bindon and Carolyn Bindon executed an admission agreement that contained a binding arbitration agreement and Mrs. Bindon attested to the mental competence of her husband.  After Frank died of sepsis,  Mrs. Binson brought a wrongful death suit against  Adams County Nursing Center and related Defendants. The Defendants moved to arbitrate.  This was denied because, the Defendants argue, because “the lower court mistakenly assumed this provision permits the nursing facility to pursue a judicial remedy for collection matters while restricting the resident to arbitration.  However, the record is clear that the facility is bound to pursue all disputes in arbitration, including collection matters.”  Bindon argues that the arbitration agreement is unenforceable because “[o]ne, the arbitration agreement permits the Appellant to seek collection of money in arbitration or litigation while confining the Appellee to arbitration. Secondly, the forum for arbitration is not available. Furthermore, there is no post-dispute agreement for the selection of arbitrator.”

Nursing home brief.  

Bindon brief.

Nursing home rebuttal brief.

Watch the argument here.

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