Nursing Facility Cannot Arbitrate Wrongful Death Suit, New Mexico Panel Affirms

Mealey's (June 26, 2020, 11:22 AM EDT) -- ALBUQUERQUE, N.M. — The New Mexico Court of Appeals on June 11 affirmed a lower court ruling that a nursing facility cannot apply an arbitration agreement to a wrongful death suit filed by the family of a former resident because the facility rushed the signing of the contract and offered no meaningful choice as to whether to accept its terms (Lee Hunt, et al. v. The Rio at Rust Centre, LLC, et al., No. A-1-CA-37406 and A-1-CA-37902, N.M. App., 2020 N.M. App. LEXIS 29)....

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