Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Monday, July 1, 2019

Case Note on Kindred Nursing Centers v. Clark: United States Supreme Court Decisions on Mandatory Arbitration Provisions

ScotusLaurence I. Gendelman, Esq. recently published a Case Note entitled, Kindred Nursing Centers v. Clark: United States Supreme Court Decisions on Mandatory Arbitration Provisions, NAELA Journal Online, March 2019. Provided below is an introduction to the Case Note.

On February 22, 2017, the U.S. Supreme Court heard arguments regarding Kindred Nursing Centers v. Clark on writ of certiorari from the Kentucky Supreme Court. The Kentucky Supreme Court found that an arbitration agreement executed by a principal’s agent under a power of attorney was invalid because the power of attorney document did not specifically include a clear statement that the agent could enter into an arbitration agreement. The U.S. Supreme Court reversed the Kentucky Supreme Court’s decision, holding that the “clear-statement rule violates the Federal Arbitration Act by singling out arbitration agreements for disfavored treatment.” The opinion is consistent with the U.S. Supreme Court’s trend of promoting the enforceability of arbitration agreements.

Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.)) for bringing this article to my attention.

https://lawprofessors.typepad.com/trusts_estates_prof/2019/07/case-note-on-.html

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