608 F. App'x 924
11th Cir.2015Background
- Golden Gate operates GoldenLiving Center - Windermere, a nursing facility.
- Judy Cyr, as attorney-in-fact for her mother Campbell, signed Golden Gate’s arbitration agreement at Campbell’s admission.
- Campbell died in Windermere’s care, and Cyr sued Golden Gate in state court under Georgia’s wrongful death statute.
- Golden Gate filed a federal action seeking enforcement and to compel arbitration.
- The district court ordered arbitration; Cyr appeals, seeking vacatur of that order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the NAF Code cancellation allows remedies under the arbitration agreement | Golden Gate relies on cancellation to permit remedies | Cyr contends cancellation does not affect arbitration | Yes; remedies permitted under cancellation as incorporated. |
| Whether the NAF Code is an integral part of the contract so Brown is inapt | Code is integral since incorporated into the agreement | Brown controls only when forum substitution is appropriate | Integral code makes Brown inapplicable. |
| Whether Georgia Sunbridge/Miller govern interpretation over federal presumption | Sunbridge/Miller apply, contract law governs | Federal presumption does not override state contract law | Sunbridge and Miller apply; contract law governs. |
| Whether the district court erred in compelling arbitration | Court should enforce or remand for state-law considerations | Arbitration should be compelled under contract | Vacated and remanded for further proceedings. |
| Whether Caley v. Gulfstream supports the court’s approach | Caley supports applying state contract principles | Caley not controlling on this fact pattern | Caley confirms state-law contract analysis governs. |
Key Cases Cited
- Brown v. ITT Consumer Financial Corp., 211 F.3d 1217 (11th Cir. 2000) (forum substitution when arbitration forum unavailable depends on integral nature of forum choice)
- Sunbridge Retirement Care Assocs., LLC. v. Smith, 757 S.E.2d 157 (Ga. Ct. App. 2014) (NAF cancellation governs arbitration contract outcomes in Georgia)
- Miller v. GGNSC Atlanta, LLC, 746 S.E.2d 680 (Ga. Ct. App. 2013) (Georgia contract-law principles apply to arbitration agreements)
- Caley v. Gulfstream Aerospace Corp., 428 F.3d 1359 (11th Cir. 2005) (state-law contract construction governs arbitration agreements)