W.W.ScotusD. with FAA case?

Posted by

Samuel Estreicher and Holly H. Weiss For New York Law Journal 

In Kindred Nursing Centers Limited Partnership v. Clark,1 the U.S. Supreme Court is poised to decide whether the Federal Arbitration Act (FAA), 9 U.S.C. §1 et seq., preempts a state rule that requires a power of attorney agreement to expressly refer to arbitration agreements, rather than contracts generally, before the agent can bind the principal to a predispute arbitration agreement…

The Kentucky Supreme Court held that an express grant of authority to the attorney-in-fact is required to bind a principal to an arbitration agreement. The decision was based on the court’s view that a principal should not be able to unknowingly waive fundamental constitutional rights, such as the right to a jury trial, which the court referred to as “inviolate,” “sacred,” and “divine God-given.”9

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