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THI OF NEW MEXICO AT HOBBS CENTER, LLC v. PATTON

No. 13-2012.

741 F.3d 1162 (2014)

THI OF NEW MEXICO AT HOBBS CENTER, LLC; Thi of New Mexico, LLC, Plaintiffs-Appellants, and Fundamental Administrative Services, LLC; Fundamental Clinical Consulting, LLC, Plaintiffs, v. Lillie Mae PATTON, as the personal representative of the Estate of Willie George Patton, Sr., deceased, Defendant-Appellees.

United States Court of Appeals, Tenth Circuit.

January 28, 2014.

Attorney(s) appearing for the Case

Lori D. Proctor , Proctor & Associates, P.C., Houston, TX, for Plaintiffs-Appellants.

Jennifer J. Foote ( Dusti D. Harvey , with her on the brief), Harvey Law Firm, LLC, Albuquerque, NM, for Defendant-Appellee.

Before HARTZ, TYMKOVICH, Circuit Judges, and JACKSON, District Judge.

HARTZ, Circuit Judge.

Under New Mexico law a compulsory-arbitration provision in a contract may be unconscionable, and therefore unenforceable, if it applies only, or primarily, to claims that just one party to the contract is likely to bring. The question before us is whether the Federal Arbitration Act (FAA) preempts this state law for contracts governed by the FAA. We hold that New Mexico law is preempted in this case and the arbitration clause must be enforced...

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