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Torts Keyed to Epstein
Obstetrics & Gynecologists Ltd. v. Pepper
Facts
Defendant requires its patients to sign an arbitration agreement, which provides that all disputes shall be submitted to binding arbitration. It was common procedure for Defendant’s receptionist to hand the patient the arbitration agreement along with two information sheets and inform him or her that any of their questions will be answered. The patient was required to sign before receiving treatment. If the patient refused to sign the arbitration agreement, then Defendant would refuse to give treatment. Plaintiff went to Defendant’s clinic to obtain a prescription for an oral contraceptive. Plaintiff suffered a cerebral incident, which left her paralyzed. Plaintiff’s signature is on Defendant’s arbitration agreement, but she did not remember signing it or having it explained to her. Defendant moved to order arbitration and to stay the lawsuit pending arbitration. The district court denied both motions. Defendant appealed.
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