McKnight’s: Supreme Court grants nursing home win in arbitration case

The U.S. Supreme Court on Monday took a Kentucky nursing home’s side in a closely-watched case involving power of attorney and arbitration.

In a 7-1 opinion published Monday, Supreme Court Justice Elena Kagan said the Kentucky court failed to put the nursing home arbitration agreements “on equal footing with all other contracts,” as required by the Federal Arbitration Act. Requiring the residents’ representatives to have explicit authority to sign the agreements “did exactly what this Court has barred: adopt a legal rule hinging on the primary characteristic of an arbitration agreement,” Kagan wrote.

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