New Mexico Supreme Court
Strausberg v. Laurel Healthcare Providers, LLC
June 27, 20132013 NMSC 32
Summary
The New Mexico Supreme Court held that the plaintiff bears the burden of proving unconscionability of the nursing‑home arbitration agreement, found the Court of Appeals’ rule allocating that burden to the nursing home to be preempted by the Federal Arbitration Act, and remanded for the Court of Appeals to reconsider the district court’s order compelling arbitration. The Court declined to decide the merits of the plaintiff’s substantive unconscionability claim.