MRI Scan Center, LLC v. National Imaging Associates, NO. 13-60051-CIV (S.D.Fla. May 7, 2013). This case involves disputes between an MRI imaging center and various defendant health insurance companies and third-party administrators. One defendant asked the court to enforce an arbitration agreement, and the court granted this request. Interestingly, the court explained that motions to compel arbitration under the Federal Arbitration Act are treated as motions to dismiss for lack of subject matter jurisdiction under FRCP 12b1 (other courts treat motions to compel arbitration similar to a Rule 56 motion for summary judgment).
Kennedy v. CompuCredit Holdings, NO. 3:12-CV-1128-J-25TEM (M.D. Fla. May 7, 2013). The defendant provided consumers with a debt workout plan whereby a consumer could pay down credit card debt for a discounted amount and then potentially qualify for another credit card. The plaintiff in this case participated in the plan, but after failing to make payments, was dropped from the plan. The plaintiff then filed a class action against the defendant for violation of the Fair Debt Collection Act and the Credit Repair Organizations Act. The credit card agreement, which was provided to the plaintiff, contained an arbitration clause, which the defendant sought to enforce. However, the court denied the defendant’s request to compel arbitration. The plaintiff never qualified for the credit card because she did not make all the required payments in connection with her existing debt.
Oldham v. Extendicare Homes, Inc., No. 5:12-CV-00199 (W.D.Ky., May 3, 2013). The federal court enforced an arbitration clause in a nursing home agreement and ordered the plaintiff to arbitrate his personal injury claims against the nursing home. The plaintiff did not sign the arbitration agreement, and instead, someone with power of attorney signed the agreement. In enforcing the arbitration agreement, the court relied on the fact that there was a broad power of attorney agreement. The court contrasted the instant case with other nursing home cases where there was a more limited power of attorney and arbitration was not compelled.