Court Rejects Unconscionability Challenge to Arbitration Agreement That Was “Voluntary” and Not Obligatory

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On September 4, 2018, the Mississippi Court of Appeals upheld an arbitration agreement between a nursing home and its resident. See Massey v. Oasis Health & Rehab of Yazoo City, LLC, No. 2017-CA-00086-COA, 2018 WL 4204207 (Miss. App. Sept. 4, 2018). The resident and her husband both executed an admission agreement and separate arbitration agreement when she was admitted. The arbitration agreement provided that: “Signing the Agreement is voluntary and not a condition for admission. The Resident may withdraw his or her consent to arbitrate the Resident’s claim by notifying the Facility in writing within thirty days after the Resident’s signing of the Agreement.” The resident and her husband did not withdraw their consent to arbitrate within the time permitted.

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