Published on May 16, 2017

Updated on Sep. 18, 2024

Calling it an “unsurprising” decision,  Sarah Cole at Indisputably commented on the U.S. Supreme Court decision in Kindred Nursing Centers v. Clark, No. 16-32 (May 14, 2017).

The Court reversed a holding by the Kentucky Supreme Court refusing to enforce two arbitration provisions executed by individuals holding powers of attorney, because the power-of-attorney documents did not specifically mention arbitration or the ability to waive the principals’ right to trial by jury.  The US Supreme Court held that the state court’s holding violated the Federal Arbitration Act by singling out arbitration agreements for disfavored treatment.