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Arbitrator’s unavailability will not stop arbitration from starting

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The Indiana Court of Appeals has found an arbitration agreement’s “plain language” trumps a woman’s attempt to stop the alternative dispute resolution process.

Evelyn Hendricks, through her health care representative, signed a voluntary agreement for arbitration when she moved into Lane House.

Later, when she filed suit against the health care facility for negligence, Hendricks argued arbitration would not be possible. She pointed to a 2009 consent decree the National Arbitration Forum had entered into with the Minnesota attorney general which barred it from conducting any future arbitration involving disputes between consumers and businesses.

The trial court agreed and denied Lane House’s motion to stay the proceedings and compel arbitration.

Reversing the denial in Anonymous, M.D. and Life Care Centers of America, Inc., d/b/a Lane House v. Evelyn Hendricks, 79A04-1304-CT-185, the Court of Appeals found Hendricks assertion overlooked a key element in the arbitration agreement she signed.

NAF is named as the preferred entity to conduct the arbitration in the Lane House agreement but the document also contains provisions for another alternative dispute resolution service or method to be used if NAF is unavailable.

Since the agreement provides for an alternate entity or method, the Court of Appeals held that NAF was not integral to the arbitration. Its current inability to serve as the arbitrator between Hendricks and Lane House does not void the agreement.







 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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