US Supreme Court Opinion in Kindred Nursing Centers LP v Clark - Case No 16-32 - 15 May 2017
Country
Year
2017
Summary
US Supreme Court rejects Kentucky Supreme Court ruling that arbitration agreements for nursing home residents executed by family member representatives pursuant to power of attorney were invalid because power of attorney did not specifically entitle the representative to enter into an arbitration agreement ("The Kentucky Supreme Court's "clear-statement rule" for powers of attorney violates the Federal Arbitration Act by singling out arbitration agreements for disfavored treatment." The Kentucky Supreme Court had ruled that "[b]ecause the Kentucky Constitution declares the rights of access to the courts and trial by jury to be "sacred" and "in violate," the court determined, an agent could deprive her principal of such rights only if expressly provided in the power of attorney."