ROBINSON NURSING AND REHABILITATION CENTER, LLC, D/B/A ROBINSON NURSING AND REHABILITATION CENTER; CENTRAL ARKANSAS NURSING CENTERS, INC.; NURSING CONSULTANTS, INC.; And MICHAEL MORTON v. ANDREW PHILLIPS, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DOROTHY PHILLIPS, and on Behalf of the Wrongful Death Beneficiaries of Dorothy Phillips; And on Behalf of Themselves and All OTHERS Similarly Situated, 586 S.W.3d 624

Background:

Phillips filed a putative class action (breach of admissions/provider agreements, ADTPA, unjust enrichment, negligence dismissed earlier) on behalf of residents/estates of Robinson Nursing from June 11, 2010 to present; class certification was affirmed in part on prior appeal.
Robinson moved to compel arbitration for 544 class members based on signed arbitration clauses: some signed by residents, some by guardians or POAs, and 271 signed by persons labeled “responsible parties.”
The circuit court summarily denied Robinson’s four motions to compel arbitration at a hearing before Phillips filed responses; Robinson appealed an interlocutory denial.
Central legal questions: whether valid agreements to arbitrate exist as to various signature categories (responsible parties, POAs, guardian signatures, agreements unsigned by facility), whether $30,000 monetary-threshold clauses satisfy mutuality, and whether the asserted claims fall within the arbitration scope.
The Supreme Court reviewed de novo and affirmed the denial as to numerous agreements (271 responsible‑party signings; agreements with $30,000 thresholds; unsigned or incomplete agreements; certain undated/POA‑limited documents) but reversed and remanded as to the remaining valid agreements, holding the claims fall within their scope.

Issues:

Issue	Plaintiff's Argument	Defendant's Argument	Held
Validity of agreements signed by "responsible parties" (third‑party beneficiary)	Responsible‑party signors lacked authority; residents not bound	Responsible parties signed in individual capacity; residents are third‑party beneficiaries	Agreements signed by 271 responsible‑party signors were invalid — Robinson failed to show signors acted individually; third‑party‑beneficiary doctrine not established here (court followed Ark. Ct. App. decisions)
$30,000 monetary threshold — mutuality of obligation	Threshold shields Robinson from most resident claims and reserves court remedies for Robinson; lacks mutuality	Threshold is a neutral monetary qualification; conceivable Robinson claims >$30,000; mutuality exists	Clauses limiting arbitration to disputes >= $30,000 lack mutuality and are unenforceable; motions denied as to those agreements
Missing Robinson signature / mutual assent	Some arbitration forms lack facility signature; no mutual assent	Admission and provision of services show facility assent	Agreements without Robinson’s signature are invalid for lack of mutual assent; motions denied as to those
Incomplete/undated agreements, POA limits, competency/authentication	Some agreements incomplete/undated; POA docs exclude arbitration; residents may lack capacity; Robinson withheld competency info	Signatures and authorization presumed authentic absent timely affidavit denying genuineness	Court denied arbitration where agreements incomplete/undated or POA explicitly excluded arbitration; capacity issue not addressed on appeal (plaintiff failed to preserve)

Key Cases Cited

Courtyard Gardens Health & Rehab., LLC v. Arnold, 485 S.W.3d 669 (Ark. 2016) (arbitration favored; standard of review and policy favoring arbitration)
Reg'l Care of Jacksonville, LLC v. Henry, 444 S.W.3d 356 (Ark. 2014) (tests for mutuality and enforceability of nursing‑home arbitration clauses)
Asset Acceptance, LLC v. Newby, 437 S.W.3d 119 (Ark. 2014) (denial without basis deemed to encompass argued issues)
Robinson Nursing & Rehab. Ctr., LLC v. Phillips, 519 S.W.3d 291 (Ark. 2017) (prior interlocutory appeal addressing class certification)
Perry v. Baptist Health, 189 S.W.3d 54 (Ark. 2004) (elements for third‑party‑beneficiary doctrine)
E‑Z Cash Advance, Inc. v. Harris, 60 S.W.3d 436 (Ark. 2001) (arbitration clause lacks mutuality when one party reserves court remedies while the other is limited to arbitration)
Pine Hills Health & Rehab., LLC v. Matthews, 431 S.W.3d 910 (Ark. 2014) (facility signature required to show mutual assent to arbitration addendum)
Hickory Heights Health & Rehab, LLC v. Cook, 557 S.W.3d 286 (Ark. App. 2018) (court of appeals: responsible‑party signings did not bind resident under third‑party‑beneficiary theory)
Hickory Heights Health & Rehab, LLC v. Adams, 566 S.W.3d 134 (Ark. App. 2018) (court of appeals: $30,000 threshold rendered arbitration clause lacking mutuality)