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Miller v. GGNSC Atlanta LLC

A consumer arbitration agreement executed as part of the plaintiff's admission to the defendant nursing home and convalescent center was unenforceable, since it designated the National Arbitration Association as the parties' exclusive arbitral forum, but the association is legally barred from conducting consumer arbitrations.

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These cross appeals require us to determine the enforceability of a consumer arbitration agreement that was executed as part of a nursing home admissions process. Specifically, we must decide whether the unavailability of the selected arbitral forum in this case, the National Arbitration Association or “NAF” renders the agreement impossible to enforce and therefore void. For the reasons explained herein, we answer that question in the affirmative. We therefore vacate the order of the trial court in Case No. A13A0061 which, although it denied the motion of the defendant/appellee to dismiss, compel arbitration, and stay discovery, nevertheless found that the arbitration agreement was enforceable. We remand Case No. A13A0061 for proceedings consistent with this opinion. We dismiss as moot the appeal in Case No. A13A0062.

The facts relevant to this appeal are undisputed. In January, 2010, Michael Miller was admitted to Golden Living Center-Northside “GLC-Northside”,1 a nursing home and convalescent center located in Atlanta. At the time of his admission to GLC-Northside, Miller executed a number of forms contained in the Golden Living “admissions packet.” One of those forms was a “Resident and Facility Arbitration Agreement.” The Arbitration Agreement provides, in relevant part:

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