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A list of documents where you can learn about binding arbitration

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Global Travel Mktg., Inc. v. Shea, 908 So. 2d 392 (Fla. 2005)
The Florida Supreme Court has recently held that the estate of a deceased minor child is bound to the arbitration provision in a contract signed by the minor child's parent. The mother signed a contract with a safari company on behalf of herself and her minor son. The child was killed during the safari trip. The deceased minor's father then sued the travel company in Florida for wrongful death. The court held that the arbitration provision in the contract was enforceable and that the estate's right to recover damages against the company was limited to the arbitration remedy provided by the contract. While this case does not involve a claim for medical malpractice, it evinces a clear sign that Florida courts would enforce an arbitration provision in a physician-patient contract signed on behalf of a minor patient by its parent.  Click here for more


Buckeye versus Cardegna
For each deferred-payment transaction respondents entered into with Buckeye Check Cashing, they signed an Agreement containing provisions that required binding arbitration to resolve disputes arising out of the Agreement. Respondents sued in Florida state court, alleging that Buckeye charged usurious interest rates and that the Agreement violated various Florida laws, rendering it criminal on its face. The trial court denied Buckeye's motion to compel arbitration, holding that a court rather than an arbitrator should resolve a claim that a contract is illegal and void ab initio. A state appellate court reversed, but was in turn reversed by the Florida Supreme Court, which reasoned that enforcing an arbitration agreement in a contract challenged as unlawful would violate state public policy and contract law.  Click here for more



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