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Robinson Nursing and Rehabilitation Center, LLC v. Phillips

Certiorari Denied

Petition for certiorari denied on June 29, 2020.

Docket No.19-1154
Op. BelowArk.

Issue

(1) Whether the Federal Arbitration Act preempts a state-law contract rule that singles out arbitration agreements for invalidation because they were signed by family members or other persons for the benefit of the third-party residents now bringing the claims; (2) whether the FAA preempts a state-law contract rule singling out arbitration agreements by imposing a "mutuality of obligation" requirement on them that is not a requirement for other contracts; and (3) whether the FAA preempts a state-law contract rule that singles out arbitration agreements due to lack of "mutuality of assent" because they were not signed by the party seeking to enforce them, when Arkansas law allows other contracts to be valid and enforceable without a signature based on other factors including actual performance.

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