United States Fifth Circuit

In an action brought by an individual suffering from a condition which causes severe physical and neurological problems, including dementia psychosis, denial of defendant's motion to compel arbitration pursuant to a nursing home admission agreement signed by plaintiff's mother is reversed where the district court erred in finding the arbitration clause unenforceable against plaintiff as a non-signatory.

Appellate Information

• Decided 07/16/2007
• Published 07/17/2007

Judges

• BENAVIDES, Circuit Judge:, Before SMITH, BENAVIDES and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Mark Herndon Tyson (argued), McGlinchey Stafford, Jackson, MS, Bradley Farel Hathaway, Campbell, DeLong, Hagwood & Wade, Greenville, MS, for Plaintiffs-Appellants., Gale Nelson Walker, Douglas Bryant Chaffin, Jackson, MS, Susan Nichols Estes, Deborah Truby Riordan, Wilkes & McHugh, Little Rock, AR, Anthony Lance Reins (argued), Wilkes & McHugh, Hattiesburg, MS, Brian Gene Brooks, Greenbrier, AR, for Conegie.