North Carolina Court of Appeals Reverses Trial Court’s Denial of Motion to Arbitrate

On January 17, 2012, the North Carolina Court of Appeals issued an opinion in Westmoreland v. Heritage Healthcare of High Point LLC, et al., No. COA10-1103, N.C. Ct. App. (Westmoreland Opinion) reversing a North Carolina trial court’s denial of a nursing home defendant’s motion to compel arbitration. More specifically, the appellate court ruled that the trial court erred by ruling that the arbitration agreement at issue was unconscionable. Accordingly, the case was remanded to the trial court for entry of an order directing the parties to submit the matter to arbitration in accordance with the terms of the parties’ arbitration agreement.

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