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

Laurence I. Gendelman has authored an article, Kindred Nursing Centers v. Clark: United States Supreme Court Decisions on Mandatory Arbitration Provisions, published in the NAELA (National Academy of Elder Law Attorneys) Online Journal, dated March 2019.

The introduction is as follows:

On February 22, 2017, the U.S. Supreme Court heard arguments regarding Kindred Nursing Centers v. Clark 1 on writ of certiorari from the Kentucky Supreme Court.2 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.3 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.”4 The opinion is consistent with the U.S. Supreme Court’s trend of promoting the enforceability of arbitration agreements.

See full article by clicking Gendelman: Kindred Nursing Centers v. Clark: United States Supreme Court Decisions on Mandatory Arbitration Provisions

Posted by Lewis J. Saret, Co-General Editor, Wealth Strategies Journal..

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