Arbitration, FAA, Pending Cases: SCOTUS Grants Cert Petition In Kindred Nursing Centers Limited Partnership v. Clark

Petitioner And Respondent Frame Issue Quite Differently.

     I wrote about Kindred Nursing Centers Limited Partnership v. Clark in an August 5, 2016 post, stating that the nursing company petitioning from the Kentucky Supreme Court to SCOTUS presented the issue thusly:

”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.”

     I can now report that the Supreme Court granted Kindred Nursing Center’s petition for a writ of certiorari on October 28, 2016, and also add that Respondent Clark frames the issue rather differently:

“Whether the Kentucky Supreme Court’s routine application of interpretive principles to an instrument of Agency, e.g., a power-of-attorney, is preempted by the Federal Arbitration Act.”