A Special Note on Illinois Supreme Court’s Treatment of Mason v. St. Vincent’s Home, Inc., 2022 IL App (4th) 210458 in Clanton v. Oakbrook Healthcare Centre, 2023 IL 129067
By Melinda S. Kollross
The Illinois Supreme Court’s recent opinion in Clanton v. Oakbrook Healthcare Centre, 2023 IL 129067, overruled the defense decision in Mason v. St. Vincent’s Home, Inc., 2022 IL App (4th) 210458—but only to the extent Mason held that all claims brought pursuant to the Survival Act after the decedent’s death were subject to arbitration despite a termination-on-death clause. This was the only portion of Mason that the Illinois Supreme Court overruled. The Supreme Court left intact other portions of the Mason decision which represent good law for the defense and insurance industry to use in drafting arbitration agreement language, citing in future litigation in moving to compel arbitration, and defending orders compelling arbitration on appeal.
Mason, which this author successfully briefed and argued before the Illinois Appellate Court, remains precedentially important for these reasons:
—Mason contains an extensive discussion and analysis concerning alleged procedural and substantive unconscionability regarding an arbitration provision in a nursing home admittance/residency contract. Mason explains and clarifies Illinois law defining acceptable content and procedure for achieving enforceable arbitration provisions, and thus will be useful to those drafting, executing, evaluating, and litigating arbitration provisions in Illinois.
—Mason explains the law concerning the proper standard of review where a trial court makes factual findings in granting a motion to compel arbitration. Mason makes clear that where the trial court has considered supporting materials and made factual determinations in granting the motion to compel arbitration, a reviewing court should only review the decision to compel arbitration under the highly deferential abuse of discretion standard of review.
Melinda S. Kollross