Cullinane v. Beverly Enterprises-Nebraska, Inc.

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Cullinane v. Beverly Enterprises-Nebraska, Inc.

Case Number
Call Date
February 6, 2018
Case Time
9:00 AM
Court Number
Case Location
Case Summary

S-17-486, Thomas Cullinane, as special administrator of the Estate of Hellen Cullinane v. Beverly Enterprises-Nebraska, Inc., d.b.a Golden Living Center-Valhaven [appellant]

District court for Douglas County, Honorable Gregory M. Schatz

Attorneys: Jeanelle R. Lust and Charles E. Wilbrand (Knudsen Berkheimer) for appellant; Shayla M. Reed (Reed Law Offices) for appellee

Civil: Motion to compel arbitration

Proceedings below: District court refused to compel arbitration

Issues: Did the court err in 1) dismissing Valhaven’s motion to dismiss or in the alternative to stay proceedings and compel arbitration; 2) failing to compel arbitration; 3) determining a husband’s execution of an arbitration agreement was not binding on his wife or her estate even when he signed using a Durable Power of Attorney; 4) implicitly ruling the husband’s signature was obtained by fraud, fraudulent misrepresentation, fraud in the execution, or fraud in the inducement; or 5) in failing to set forth any legal analysis for its conclusion.

Schedule Code