· 4/1/1996
Buraczynski v. Eyring
Citations
- 919 S.W.2d 314
- 1996 Tenn. LEXIS 221
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- considering whether the terms alleged to be unconscionable were common in the industry in determining the unconscionability of an arbitration agreement
- enforcing a physician’s arbitration agreement requiring patients to accept binding arbitration of medical malpractice claims in lieu of a judicial remedy
- “Finally, and perhaps most importantly, the agreements did not change the doctor’s duty to use reasonable care in treating patients, nor limit liability for breach of that duty, but merely shifted the disputes to a different forum.”
- “The patient is clearly informed by a provision in ten-point capital letter red type, directly above the signature line, that ‘by signing this contract you are giving up your right to a jury or court trial’ on any medical malpractice claim.”
- recounting history of arbitration’s acceptance
Source: CourtListener parenthetical corpus (CC0).
Judges: Anderson, Drowota, Reid, Birch, White
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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