Massachusetts Supreme Judicial Court
Charles Miller, Jr., personal representative v. Eric Cotter & others
March 30, 2007448 Mass. 671
Summary
The court held that the nursing-home arbitration agreement was valid and enforceable, and that the plaintiff's claims against the nursing home and its employees had to be dismissed and submitted to arbitration. The agreement was not procedurally or substantively unconscionable because it was separately presented, was not a condition of admission, was explained to the plaintiff, preserved substantive remedies, and applied bilaterally. The court also rejected judicial economy as a basis for refusing enforcement when the plaintiff had separate claims against a nonparty to the arbitration agreement.