Norton v. United Health Servs. of Ga., Inc.

4 Citing cases

  1. United Health Servs. of Ga., Inc. v. Norton

    300 Ga. 736 (Ga. 2017)   Cited 11 times   2 Legal Analyses
    Holding that it is "longstanding precedent that a wrongful death action is wholly derivative of a decedent's right of action"

    The trial court granted the motion to stay and compel arbitration, and Bernard appealed, contending that, as a wrongful death beneficiary, he could not be bound to Lola's arbitration agreement. In Norton v. United Health Services of Georgia, Inc. , 336 Ga.App. 51, 783 S.E.2d 437 (2016), the Court of Appeals reversed the trial court and found that Lola's beneficiaries were not required to arbitrate their wrongful death claims against the defendants. We thereafter granted certiorari to determine whether an arbitration agreement governed by the Federal Arbitration Act ("FAA") and entered into by a decedent and/or her power of attorney, which binds the decedent and her estate to arbitration, is also enforceable against the decedent's beneficiaries in a wrongful death action.

  2. Roth v. Evangelical Lutheran Good Samaritan Soc'y

    886 N.W.2d 601 (Iowa 2016)   Cited 12 times   1 Legal Analyses
    Interpreting Iowa statute to avoid conflict with federal law

    By contrast, in jurisdictions where wrongful death is regarded as an independent claim for the direct benefit of the estate's beneficiaries, i.e., the “many states” referenced in Weitl, 311 N.W.2d at 270, courts generally do not find the decedent's arbitration agreement to be binding. See Estate of Decamacho ex rel. Guthrie v. La Solana Care & Rehab, Inc., 234 Ariz. 18, 316 P.3d 607, 614 (Ariz.Ct.App.2014) (holding a wrongful-death claim against a nursing home not arbitrable because in Arizona “a wrongful death claim is independently held by the decedent's statutory beneficiaries”); Norton v. United Health Servs. of Ga., Inc., 336 Ga.App. 51, 783 S.E.2d 437, 440–41 (2016) (determining that an arbitration agreement executed by the decedent's authorized representative during the decedent's lifetime was not binding in a wrongful-death action because such a claim belongs to the survivors); Carter v. SSC Odin Operating Co., LLC, 364 Ill.Dec. 66, 976 N.E.2d 344, 355–58 (Ill.2012) (rejecting the argument that a wrongful-death action is “a true asset of the decedent's estate” and can therefore be limited by the decedent's agreement to arbitrate); Ping v. Beverly Enters., Inc., 376 S.W.3d 581, 600 (Ky.2012) (“[T]he wrongful death claimants would not be bound by their decedent's arbitration agreement, even if one existed, because their statutorily distinct claim does not derive from any claim on behalf of the decedent, and they therefore do not succeed to the decedent's dispute resolution agreements.”); FutureCare NorthPoint, LLC v. Peeler, 229 Md.App. 108, 143 A.3d 191, 209–10, 213 (2016) (deciding that the decedent's arbitration agreement was not binding in a

  3. Norton v. United Health Servs. of Ga., Inc.

    No. A15A2268 (Ga. Ct. App. Nov. 6, 2017)

    300 Ga. 736 (797 SE2d 825) (2017). 336 Ga. App. 51 (783 SE2d 437) (2016). --------

  4. Norton v. United Health Servs. of Ga., Inc.

    807 S.E.2d 928 (Ga. Ct. App. 2017)

    300 Ga. 736, 797 S.E.2d 825 (2017). 336 Ga.App. 51, 783 S.E.2d 437 (2016).--------