On February 18, 2009, the Tennessee Supreme Court denied Plaintiff’s Rule 11 Application for Permission to Appeal from the Court of Appeals opinion holding that Kindred’s ADR Agreement was conscionable and enforceable. See Reagan v. Kindred, No. M2006-02191-COA-R3-CV, 2007 Tenn. App. LEXIS 798 (Tenn. Ct. App. Dec. 20, 2007). Plaintiff’s were represented by Rick Circeo and Lisa Circeo of Wilkes & McHugh and Kindred was represented by F. Laurens (Larry) Brock, David Ward and Jacob Parker of Chambliss, Bahner & Stophel.
The Supreme Court’s decision to deny Plaintiff’s Application for Permission to Appeal is significant in that Reagan has been subsequently cited by numerous Court of Appeal’s opinions since 2007 and further establishes that the ADR Agreement can be enforceable under Tennessee law.