Plaintiffs sued for negligence and nursing home moved to compel arbitration. Plaintiffs argued that the agreement could not be enforced because it was a pre-injury agreement subject to AHLA rules and is invalid in light of the AHLA’s revised ruled. The court found otherwise. “[T]he AHLA rules provide that “[i]n limiting the circumstances under which the Service will administer the arbitration of a consumer health care liability claim, the Service does not intend to affect the enforceability of an agreement to apply the rules — only that the Service will not administer the arbitration.” Dkt. No. 4, Ex. B at § 1.01 (emphasis added). Further, the AHLA rules specifically provide that the AHLA Dispute Resolution Service will administer a consumer health care liability claim if “a judge orders that the Service administer an arbitration under the terms of a pre-injury arbitration agreement.” Therefore, this Court may enforce the Arbitration Agreement as written.” Arbitration was compelled. Decided: March 19, 2007.
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