Nursing Homes Still Face Arbitration Agreement Uncertainty

Eugene Giotto and Gabrielle Lee, of the firm's Commercial Litigation Department, discuss a recent U.S. Supreme Court's opinion in their Law360 article, "Nursing Homes Still Face Arbitration Agreement Uncertainty." The U.S. Supreme Court published an opinion that served as yet another reminder to the states that the Federal Arbitration Act (FAA) preempts state laws discriminating against arbitration agreements. In a 7-to-1 decision, the court in Kindred Nursing Centers LP v. Clark reversed the Kentucky Supreme Court’s decision to institute a clear-statement rule, requiring a power of attorney to explicitly confer authority to enter into an arbitration agreement in order for such an agreement that is signed by a legal representative to be deemed enforceable.

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Eugene A. Giotto

Vice-Chair, Commercial Litigation Department
Chair, Long-Term Care Litigation

(412) 620-6560

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