In a very unsurprising decision, the Supreme Court ruled 7-1 that a Kentucky nursing home can enforce contracts signed residents’ relatives that required all disputes involving the nursing home to arbitration. The relatives had only been authorized to sign the admission documents. In other words, Kentucky could not require a separate power of attorney related only to the signing of an arbitration agreement.
Kentucky’s highest court refused to enforce the agreements, saying the relatives lacked the power to waive a “divine God-given right” to a jury trial.
The nursing home argued that federal arbitration law preempts state laws that protect the right to sue in court.
In this episode, Colin Rule interviews Jennifer Shack, Director of Research at RSI, about the chapter she co-wrote with Donna Shestowsky in the new book Family Dispute Resolution: Process and Practice. Jen and Donna's...
By Jennifer Shack, Colin RulePatience is, in and of itself, a great challenge and it often holds the key to breaking through a seeming impasse. - Daisaku Ikeda Embrace impasse. Embrace failure. Not all...
By Denise PetersonGreg Bourne explains how his academic background and experience with public policy and environmental issues has helped him move faster in those types of cases. In a specific area of...
By Greg Bourne
