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SDF’s Davis, Bates & Newton Obtain Favorable Ruling from the Alabama Supreme Court

June 7, 2023 SDF’s Davis, Bates & Newton Obtain Favorable Ruling from the Alabama Supreme Court

On May 12, 2023, the Starnes team of Will Davis, Reed Bates and Sybil Newton, obtained a favorable ruling from the Alabama Supreme Court holding an arbitration agreement enforceable in a senior living case based upon the principles of apparent authority. In this case, the Court concluded the arbitration agreement was a valid contract because it was executed by a family member who had apparent authority to act on behalf of the resident. The Court held there was insufficient evidence proving the resident was legally incompetent or that the resident objected to the family member signing the agreement on her behalf; thus, the agreement was enforceable under the doctrine of apparent authority.

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