Cases

JPMorgan Chase & Co. v. Conegie, 2006 U.S. Dist. LEXIS 38937 (D. Miss. 2006)

Plaintiff filed a State court action alleging nursing home negligence at a home controlled by JPMorgan. When admitted, Plaintiff’s mother filed a conspicuous arbitration clause, introduced in bold-faced font stating “ARBITRATION – PLEASE READ CAREFULLY.” After the State court action was filed, JPMorgan filed a federal action to compel arbitration. The only argument considered was whether the resident’s mother had authority to sign the arbitration agreement. Citing Mariner Health Care, Inc. v. Estate of Rhodes, 2005 U.S. Dist. LEXIS 42650 (D. Miss. 2005), the court found that resident’s mother had no legal authority to sign the agreement and denied the motion and that doctrines of express agency, implied agency and apparent agency did not apply since there was neither evidence of a writing authorizing the mother to sign nor any evidence that the resident caused the nursing home to believe her mother had apparent authority to sign.

Published by
David McGuffey
Tags: Arbitration

Recent Posts

2025 Medicare Part B Premium and Part A Co-Pays

On November 8, Medicare announced the 2025 premiums and Co-Pays. The standard monthly premium for…

1 week ago

Oath for Georgia Guardians and Personal Representatives

Before a guardian or the personal representative of an estate takes office, he or she…

4 weeks ago

Form: Affidavit of Diligent Search

In Georgia, when actions are filed in Probate Court, some people must be notified before…

4 weeks ago

Income Tax Return for Estates and Trusts – Form 1041

What is Form 1041 used for? If an estate or trust has gross income of…

4 weeks ago

Notice Concerning Fiduciary Relationship – IRS Form 56

IRS Form 56 is used to notify the IRS of the creation or termination of…

4 weeks ago

2025 Spousal Impoverishment Standards

On November 15, 2024, the Centers for Medicare and Medicaid Services posted the 2025 spousal…

2 months ago