PACIFICARE OF NEVADA, INC. v. ROGERS

No. 55713.

266 P.3d 596 (2011)

PACIFICARE OF NEVADA, INC.; Pacificare Life And Health Insurance Company; Pacificare Life Assurance Company; and United Healthcare Insurance Company, Appellants, v. Dorothy ROGERS, Respondent.

Supreme Court of Nevada.

October 27, 2011.


Attorney(s) appearing for the Case

Jones Vargas and Constance L. Akridge and Matthew T. Milone , Las Vegas; Bryan Cave, LLP, and Lawrence G. Scarborough , Meridyth M. Andresen , and J. Alex Grimsley , Phoenix, AZ, for Appellants.

Matthew L. Sharp, Ltd., and Matthew L. Sharp , Reno; Gillock, Markley & Eillebrew, PC, and Gerald I. Gillock and Nia C. Killebrew , Las Vegas; Friedman Rubin and William S. Cummings , Anchorage, AK; Friedman Rubin and Richard H. Friedman and Britt L. Tinglum , Bremerton, WA, for Respondent.

Before the Court En Banc.


OPINION

By the Court, PARRAGUIRRE, J.:

In this appeal, we address two issues regarding the enforceability of an arbitration provision. To begin, we consider the circumstances in which an arbitration provision contained in an expired contract may be properly invoked. Next, we address whether a plaintiff may rely on Nevada's unconscionability doctrine to invalidate an arbitration provision contained in a contract governed by the federal Medicare Act...

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