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Expert Analysis

Nursing Homes Still Face Arbitration Agreement Uncertainty

By Eugene Giotto and Gabrielle Lee (May 26, 2017, 11:33 AM EDT) -- On May 15, 2017, 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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