SmartBrief
Confirm favorite deletion?
Dispute Resolution Keyed to Carbonneau, 8th Ed.
Zephyr Haven Health & Rehab Center v. Hardin
Citation:
122 So. 3d 916 (2013)Facts
Edna Hardin was admitted to Zephyr Haven Health & Rehab Center on November 9, 2010. Two days later, she signed admission documents including an arbitration agreement. The agreement specified that it was not a precondition to receiving care, and established a cost-sharing arrangement where the facility would pay the first $500 of arbitration fees and costs, with additional expenses split 60% (facility) and 40% (Hardin). One year later, Hardin sued the Owners regarding the care she received. The Owners moved to compel arbitration. At the hearing, Hardin argued she could not afford to pay 40% of arbitration expenses, presenting testimony from her stepson about her financial situation and invoices from unrelated arbitration proceedings. The stepson testified that Hardin’s monthly income was approximately $3,000, which was less than her monthly care costs, though he acknowledged she could receive care through “taxpayer dollars” rather than out-of-pocket spending.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.