affinitylifestyles.com v. Wilson ( 2014 )


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  •                        as a whole must be sent to the arbitrator. Rent-A-Ctr., W., Inc. v. Jackson,
    
    561 U.S. 63
    , 70-71 (2010): Buckeye Check Cashing, Inc. v. Cardegna, 
    546 U.S. 440
    , 445-46 (2006). Wilson argues that the brevity of the arbitration
    clause makes it unenforceable, but the details, once an agreement to
    arbitrate is shown, are supplied by the relevant state and federal statutes.
    See NRS 38.222-38.247; 9 U.S.C. §§ 5-13, 16 (2012). Thus, Wilson did not
    establish a defense to enforcement of the valid arbitration clause.   Gonski
    v. Second Judicial Dist. Court, 126 Nev. „ 
    245 P.3d 1164
    , 1169
    (2010). The clause must be enforced and the claims against Affinity sent
    to arbitration. Accordingly, we
    ORDER the judgment of the district court REVERSED AND
    REMAND this matter to the district court for proceedings consistent with
    this order.'
    Saitta
    'We do not address Affinity's argument that the district court erred
    in denying its motion for a more definite statement of Wilson's claims.
    Although, as happened here, a party may appeal the order denying
    reconsideration of the order denying the motion to compel arbitration, this
    does not render immediately appealable everything moved for in the
    reconsideration motion, such as Affinity's motion for a more definite
    statement. NRS 38.247(1)(a); NRCP 54(a), 59(e); NRAP 4(a)(4)(C). In any
    event, as the claims against Affinity must be sent to arbitration, this issue
    is moot.
    SUPREME COURT
    OF
    NEVADA
    2
    (0) 1947A    tAlpt94
    cc:   Hon. Adriana Escobar. District Judge
    Carolyn Worrell, Settlement Judge
    Law Firm Express
    Lovato Law
    Eighth District Court Clerk
    SUPREME COURT
    OF
    NEVADA
    3
    (0) 1947A    e
    

Document Info

Docket Number: 62605

Filed Date: 6/24/2014

Precedential Status: Non-Precedential

Modified Date: 10/30/2014