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Kindred Nursing Ctrs. Ltd. P'ship v. Clark

Supreme Court of the United States (2017) | 137 S. Ct. 1421; 197 L. Ed. 2d 806; 26 Fla. L. Weekly Fed. S 570; 85 U.S.L.W. 4235; 2017 WL 2039160; 2017 U.S. LEXIS 2948

3 min read

TL;DR: The Supreme Court held that the Federal Arbitration Act (FAA) preempts a state-law rule requiring a power of attorney to explicitly authorize an agent to enter into an arbitration agreement, because such a rule improperly singles out arbitration contracts for disfavored treatment.

Legal Significance: This case reinforces the FAA's "equal-footing" principle, clarifying that states cannot create special contract formation rules that discriminate against arbitration agreements, even if those rules are ostensibly based on protecting fundamental rights like the right to a jury trial.

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