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PEAVY BY PEAVY v. SKILLED HEALTHCARE GROUP

No. S-1-SC-37370.

470 P.3d 218 (2020)

2020-NMSC-010

Beverly PEAVY, Deceased, BY the Personal Representative of the Wrongful Death Estate, Keith PEAVY, Plaintiff-Respondent, v. SKILLED HEALTHCARE GROUP, INC., Skilled Healthcare, LLC, the Rehabilitation Center of Albuquerque, LLC, and Patricia Walker, LPN, Defendants-Petitioners.

Supreme Court of New Mexico.

Filing Date: April 6, 2020.

Attorney(s) appearing for the Case

Rodey, Dickason, Sloan, Akin & Robb, P.A., Jocelyn C. Drennan , Sandra L. Beerle , Albuquerque, NM, for Petitioners.

Pitman, Kalkhoff, Sicula & Dentice, S.C., Jeffrey Alan Pitman , Milwaukee, WI, Feliz Angelica Rael , Albuquerque, NM, for Respondent.

UNM School of Law, Michael B. Browde , David J. Stout , Albuquerque, NM, Treinen Law Office PC, Rob Treinen , Albuquerque, NM, for Amici Curiae New Mexico Trial Lawyers Association and American Association for Justice.

OPINION

{1} This appeal concerns the substantive conscionability of an arbitration agreement that exempts a nursing home's likeliest claim from arbitration, but requires its residents to arbitrate their likeliest claims. We are presented with the question of what analysis...

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