Can Kentucky Require That Nursing Home Resident’s Power of Attorney Reference Arbitration In Order To Effectively Bind Attorneys-In-Fact To Arbitrate Wrongful Death Cases? – Or Does Federal Arbitration Act Preempt State Requirement?
Above: Nurse training. Nov. 1942. Fritz Henle, photographer. Library of Congress.
At the beginning of the week, we reported that SCOTUSBlog’s “Petition of the Day” involved an arbitration/FAA/preemption/standard of review issue. In fact, the case, R.J. Reynolds Co. v. Maryland, is the subject of our immediately preceding post. Now, just a few days later, another case involving arbitration/FAA/federal preemption is the subject of a writ of certiorari to SCOTUS.
The case is Kindred Nursing Centers Limited Partnership v. Clark et al, No. 16-32.
The question presented by the Petition is:
”Whether the FAA preempts a state-law contract rule that singles out arbitration by requiring a power of attorney to expressly refer to arbitration agreements before the attorney-in-fact can bind her principal to an arbitration agreement.”
The redoubtable Andrew J. Pincus of Mayer Brown is listed as Counsel of Record. Mr. Pincus led AT&T to victory in AT & T v. Concepcion, 563 U.S. 333 (2011), the landmark case holding the FAA preempts state laws prohibiting contracts from disallowing class-wide arbitration,