It’s Complicated –
Nov. 2, 2018 – Attorneys for Deem say on the day Arbuckle signed the arbitration agreement, he was in the throes of addiction and lacked the capacity to contract. A drug screen performed the same day by Solutions indicates Arbuckle tested positive for fentanyl, norbuprenorphine, hydromorphone, and norfentanyl. “Defendants had a practice of routinely and knowingly requiring clients such as Arbuckle to sign admissions paperwork that included not only an arbitration agreement, but also a complete waiver of liability, when they were acutely intoxicated and not of sound mind,” wrote Deem’s attorneys. “Determining enforceability of an arbitration agreement that was purportedly executed under these circumstances … is a critically important issue to be decided by this court.”
“The for-profit residential treatment industry, including Defendants’ own conduct, has drawn widespread scrutiny for the deceptive practices, lack of client care and patient brokering, leading to numerous patients’ deaths,” the plaintiff’s motion stated.
