GGNSC Holdings, LLC v. Lamb (Majority, with Dissenting)Annotate this Case
Appellees, former residents of certain nursing homes and special administrators, guardians, or attorneys-in-fact of former residents, filed a class action complaint against Appellants, GGNSC Holdings, LLC and related entities and employees. GGNSC moved to compel arbitration of claims asserted by five particular residents who, at the time of their admission into nursing homes, entered into arbitration agreements. The circuit court ultimately denied arbitration, finding that three of the five arbitration agreements were invalid because they were signed by individuals who lacked authority to agree to arbitrate and that the remaining two agreements were not enforceable to compel arbitration based on the defenses of impossibility of performance and unconscionability. The Supreme Court reversed, holding that the circuit court erred by refusing to enforce the valid arbitration agreements based on the defenses of impossibility of performance and unconscionability. Remanded for the entry of an order compelling arbitration.