Breaking News

Beverly Enterprises, Inc. v. Ping

Petition for certiorari denied on April 22, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
12-652 Ky. N/A N/A N/A N/A OT 12

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.

DateProceedings and Orders (key to color coding)
Nov 20 2012Petition for a writ of certiorari filed. (Response due December 26, 2012)
Dec 21 2012Motion for leave to file amici brief filed by Extendicare Health Services, Inc., et al.
Dec 21 2012Waiver of right of respondent Donna Ping, Executrix of the Estate of Alma Calhoun Duncan, Deceased to respond filed.
Jan 9 2013DISTRIBUTED for Conference of February 15, 2013.
Jan 16 2013Response Requested . (Due February 15, 2013)
Jan 28 2013Order extending time to file response to petition to and including March 18, 2013.
Mar 18 2013Brief of respondent Donna Ping, Executrix of the Estate of Alma Calhoun Duncan, Deceased in opposition filed.
Apr 2 2013Reply of petitioner Beverly Enterprises, Inc., et al. filed. (Distributed)
Apr 3 2013DISTRIBUTED for Conference of April 19, 2013.
Apr 22 2013Motion for leave to file amici brief filed by Extendicare Health Services, Inc., et al. GRANTED.
Apr 22 2013Petition DENIED.