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LEAVITT v. BEVERLY ENTERPRISES, INC.

No. 2008AP2440-LV.

784 N.W.2d 683 (2010)

2010 WI 71

Michael LEAVITT, Secretary, Department of Health and Human Services, Involuntary-Plaintiff, Estate of Robert C. Parker by Special Administrator Elizabeth Parker and Elizabeth Parker, Plaintiffs-Petitioners-Appellants, v. BEVERLY ENTERPRISES, INC., ABC Insurance Company, Beverly Enterprises—Wisconsin, Inc. d/b/a Golden Age Nursing Home, DEF Insurance Company, Beverly Health and Rehabilitation Services, Inc., GHI Insurance Company, GGNSC Tomahawk Golden Age, LLC d/b/a Golden Living Center-Golden Age, JKL Insurance Company, Beverly Indemnity, LTD. and American Home Assurance Company, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided July 8, 2010.

Attorney(s) appearing for the Case

For the plaintiffs-petitioners-appellants there were briefs by Jeffrey A. Pitman, Lisa L. Kritske, and Pitman, Kyle & Sicula, Milwaukee, and oral argument by Jeffrey A. Pitman.

For the defendants-respondents there were briefs by Robert F. Johnson, Colleen M. Fleming, and Cook & Franke, S.C., Milwaukee, and oral argument by Robert F. Johnson.

An amicus curiae brief filed by William C. Gleisner, III and the Law Offices of William Gleisner, Milwaukee, and Rhonda L. Lanford and Habush, Habush & Rottier, Milwaukee, on behalf of the Wisconsin Association for Justice.

¶ 1 ANN WALSH BRADLEY, J.

This case is before the court in an unusual procedural posture. Elizabeth Parker and the Estate of Robert Parker (collectively, "Parker") filed a petition for review of two orders of the court of appeals, which dismissed and denied Parker's appeals of a circuit court order compelling arbitration.1 In response, Beverly Enterprises-Wisconsin, Inc. d/b/a Golden Age Nursing Home and other defendants (collectively...

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