Kindred Nursing Centers Limited Partnership v. Clark
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 16-32 | Feb 22, 2017 | May 15, 2017 | 7-1 | Kagan | OT 2016 |
Holding: The Kentucky Supreme Court's clear-statement rule " under which an agent could deprive her principal of the rights of access to the courts and trial by jury through an arbitration agreement only if expressly provided in the power of attorney " violates the Federal Arbitration Act by singling out arbitration agreements for disfavored treatment.
Judgment: Reversed in part, vacated in part, and remanded, 7-1, in an opinion by Justice Kagan on May 15, 2017. Justice Thomas filed a dissenting opinion. Justice Gorsuch took no part in the consideration or decision of the case.
SCOTUSblog Coverage
- Opinion analysis: Justices rebuff Kentucky rule invalidating arbitration agreements signed under power of attorney (Ronald Mann, May 15, 2017)
- Argument analysis: Justices dubious of state-court decision limiting pre-dispute arbitration contracts (Ronald Mann, February 23, 2017)
- Argument preview: Justices to consider (once again) state-court decision limiting pre-dispute arbitration contracts (Ronald Mann, February 15, 2017)
- Court adds five new cases, including transgender bathroom dispute, to docket (Amy Howe, October 28, 2016)
- Petition of the day (Kate Howard, August 4, 2016)
| Date | Proceedings and Orders |
|---|---|
| 05/06/2016 | Application (15A1154) to extend the time to file a petition for a writ of certiorari from May 18, 2016 to July 1, 2016, submitted to Justice Kagan. |
| 05/09/2016 | Application (15A1154) granted by Justice Kagan extending the time to file until July 1, 2016. |
| 07/01/2016 | Petition for a writ of certiorari filed. (Response due August 5, 2016) |
| 07/29/2016 | Order extending time to file response to petition to and including September 6, 2016. |
| 08/05/2016 | Brief amici curiae of American Health Care Association and The Kentucky Association of Health Care Facilities filed. |
| 08/05/2016 | Brief amici curiae of Genesis Healthcare, Inc, et al. filed. |
| 09/06/2016 | Brief of respondents Janis E. Clark, et al. in opposition filed. |
| 09/20/2016 | Reply of petitioners Kindred Nursing Centers Limited Partnership, dba Winchester Centre for Health and Rehabilitation, nka Fountain Circle Health and Rehabilitation, et al. filed. |
| 09/21/2016 | DISTRIBUTED for Conference of October 7, 2016. |
| 10/04/2016 | Rescheduled. |
| 10/11/2016 | DISTRIBUTED for Conference of October 14, 2016. |
| 10/21/2016 | Supplemental brief of petitioners Kindred Nursing Centers Limited Partnership, dba Winchester Centre for Health and Rehabilitation, nka Fountain Circle Health and Rehabilitation, et al. filed. (Distributed) |
| 10/24/2016 | DISTRIBUTED for Conference of October 28, 2016. |
| 10/28/2016 | Petition GRANTED. |
| 12/07/2016 | Joint appendix filed. (Statement of costs filed) |
| 12/07/2016 | Brief of petitioners Kindred Nursing Centers Limited Partnership, dba Winchester Centre for Health and Rehabilitation, nka Fountain Circle Health and Rehabilitation, et al. filed. |
| 12/12/2016 | Brief amici curiae of Genesis Healthcare, Inc, et al. filed. |
| 12/14/2016 | Brief amici curiae of American Health Care Association and The Kentucky Association of Health Care Facilities filed. |
| 12/14/2016 | Brief amicus curiae of The Chamber of Commerce of the United States of America filed. |
| 12/22/2016 | SET FOR ARGUMENT on Wednesday, February 22, 2017. |
| 12/30/2016 | Record requested from the Supreme Court of Kentucky. |
| 01/06/2017 | Brief of respondents Janis E. Clark, et al. filed. |
| 01/11/2017 | Record received from the Supreme Court of Kentucky, 1 Box. |
| 01/13/2017 | Brief amici curiae of American Association for Justice, and Kentucky Justice Association filed. |
| 01/13/2017 | Brief amicus curiae of Arbitration Scholar Imre S.Szalai filed. |
| 01/13/2017 | Brief amicus curiae of Public Citizen, Inc. filed. |
| 01/13/2017 | Brief amici curiae of AARP,et al. filed. (Distributed) |
| 01/17/2017 | Record received from the Court of Appeals of Kentucky (1 envelope). |
| 01/17/2017 | CIRCULATED. |
| 01/19/2017 | Supplemental brief of respondents Janis E. Clark, et al. filed. (Distributed) |
| 02/06/2017 | Reply of petitioners Kindred Nursing Centers Limited Partnership, dba Winchester Centre for Health and Rehabilitation, nka Fountain Circle Health and Rehabilitation, et al. filed. (Distributed) |
| 02/22/2017 | Argued. For petitioners: Andrew J. Pincus, Washington, D. C. For respondents: Robert E. Salyer, Lexington, Ky. |
| 05/15/2017 | Adjudged to be REVERSED IN PART, VACATED IN PART, and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, Alito, and Sotomayor, JJ., joined. Thomas, J., filed a dissenting opinion. Gorsuch, J., took no part in the consideration or decision of the case. |
| 06/19/2017 | JUDGMENT ISSUED |
| 06/19/2017 | MANDATE ISSUED. |
| 08/11/2017 | Record from the Supreme Court of Kentucky has been returned. |
| 08/29/2018 | The record from the Supreme Court of Kentucky has been returned. |