Beverly Enterprises, Inc. v. Ping
Petition for certiorari denied on April 22, 1913.
Issue
(1) Whether the Federal Arbitration Act ("FAA"), 9 U.S.C. § 2, preempts a rule of state law holding that a broadly worded general power of attorney that is to be "liberally construed" and that grants unrestricted power over the principal"s affairs, specifically including all matters relating to the principal"s medical care, will be interpreted to exclude the authority to execute an optional arbitration agreement covering disputes arising out of the principal"s medical care unless such arbitration-specific authority is expressly stated in the power of attorney; and (2) whether the FAA preempts a rule of state law that categorically prohibits the arbitration of wrongful death claims in accordance with a valid arbitration agreement entered into by the decedent.
Recommended Citation: Beverly Enterprises, Inc. v. Ping, SCOTUSblog, https://www.scotusblog.com/cases/beverly-enterprises-inc-v-ping/