Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Jernigan v. Medi Share

United States District Court, S.D. Mississippi, Eastern Division

October 1, 2019

JACQUELINE SOPHIA JERNIGAN PETTEY, Administrator of the Estate of Jay Lawrence Jernigan PLAINTIFF
v.
MEDI SHARE DEFENDANT

          MEMORANDUM OPINION AND ORDER

          KEITH STARRETT UNITED STATES DISTRICT JUDGE

         This cause came before the Court on Defendant's Motion to Dismiss or, in the Alternative, Motion to Compel Arbitration filed on April 29, 2019 [3] and Plaintiff's Motion to Amend the Complaint [18]. Plaintiff filed his responses to Defendant's Motion on June 14, 2019 [20, 21].[1] Defendant has replied to both responses [25, 26]. Defendant also responded to the Motion to Amend [27, 28]. Having reviewed the parties' submissions, the relevant legal authority, and otherwise being duly advised in the premises, the Court finds that the claims in this case are required to be arbitrated and thus, Defendant's Motion to Compel Arbitration will be granted and all other motions dismissed as moot.

         I. BACKGROUND

         On June 27, 2014, Plaintiff signed Defendant's Commitment to the Medi-Share Membership and Testimony Verification Form (the “Membership Form”). [4-2] at p. 5. The face of the Membership Form included the following provisions:

1) I have carefully read and commit to abide by all provisions stated in the Medi-Share Guidelines .....
2) I agree that in cases where all administrative appeals have been exhausted and after an appeal process, any and all remaining disputes will be settled safely as follows: by biblically-based mediation, not in a secular court. If resolution of the dispute and reconciliation does not result from mediation, the matter shall then be submitted to an independent and objective arbitrator for binding arbitration. I agree that suing fellow Christians, including Christian ministries, is contrary to scripture (1 Cor. 6:108); therefore, I will bring no suit, legal claim or demand of any sort against CCM in the civil court system, with the sole exception of enforcing any favorable arbitration award or mediated agreement.

Id. (emphasis added). The Medi-Share Guidelines issued by Defendant include the following provisions:

B. Sharing Appeal A Member can appeal bill-sharing decisions with which they disagree. Before appealing, a Member should engage in careful thought and prayer about whether he or she honestly believes an error was made. Members have 90 days from the day the decision in question was made to request a review by CCM.
A Member can issue an appeal if he or she believes:
• the medical records were misread,
• the Guidelines were misapplied, or
• one or more of the Member's providers incorrectly recorded the medical history.
After a review by CCM, if the Member disagrees with CCM's decision, the Member has 90 days to request a review by a Seven Member Appeal Panel. CCM and the Member will both submit a written position statement to the panel. A teleconference will be held where the panel can ask questions of both the Member and CCM. A simple majority vote (four out of seven) will carry the decision.
C. Biblically-Based Mediation and Arbitration As Christians, the Members and the staff of Christian Care Ministry believe that the Bible commands them to make every effort to live at peace and to resolve disputes with each other in private or within the Christian community in conformity with the biblical injunctions of 1 Corinthians 6:1-8, Matthew 5:23-24, and Matthew 18:15-20. Therefore, the parties agree that any claim or dispute arising out of, or related to, this agreement or any aspect thereof, including claims under federal, state, local statutory or common law, the law of contract or law of tort, that may remain after a Member has exhausted his appeals provided for in Section XIII. B., including a determination whether this arbitration provision is valid, shall be settled by biblically-based mediation. The mediation shall be conducted in accordance with the Rules of Procedure for Christian Conciliation of the Institute for Christian Conciliation, a division of Peacemaker Ministries (complete text of the rules is available at HisPeace.org), with each party to bear their own costs, attorney's fees and 50% of the mediator's fee, and with the mediation filing fee to be borne by CCM. If resolution of the dispute and reconciliation do not result from mediation, the matter shall then be submitted to an independent and objective arbitrator for binding arbitration. The parties agree that the arbitration process will also be conducted in accordance with the Rules of Procedure for Christian Conciliation, with each party to bear their own costs, attorney's fees, and 50% of the arbitrator's fee, and with the arbitration filing fee to be borne by CCM. Each party shall agree to the selection of the arbitrator. If there is an impasse in the ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.