Kindred Nursing Centers Limited Partnership v. Clark

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Kindred Nursing Centers Limited Partnership v. Clark

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Orders

RETURN MAIL INC. V. U.S. POSTAL SERVICE (17-1594)

MISSION PRODUCT HOLDINGS INC. V. TEMPNOLOGY INC. (17-1657)

Conference

Orders

MANHATTAN COMMUNITY ACCESS CORP. V. HALLECK (17-1702)

UNITED STATES V. HAYMOND (17-1672)

MONT V. UNITED STATES (17-8995)

THE AMERICAN LEGION V. AMERICAN HUMANIST ASSOCIATION (17-1717)

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
16-32	Ky.	Feb 22, 2017 Tr.Aud.	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.

Date	Proceedings and Orders (key to color coding)
May 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.
May 09 2016	Application (15A1154) granted by Justice Kagan extending the time to file until July 1, 2016.
Jul 01 2016	Petition for a writ of certiorari filed. (Response due August 5, 2016)
Jul 29 2016	Order extending time to file response to petition to and including September 6, 2016.
Aug 05 2016	Brief amici curiae of American Health Care Association and The Kentucky Association of Health Care Facilities filed.
Aug 05 2016	Brief amici curiae of Genesis Healthcare, Inc, et al. filed.
Sep 06 2016	Brief of respondents Janis E. Clark, et al. in opposition filed.
Sep 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.
Sep 21 2016	DISTRIBUTED for Conference of October 7, 2016.
Oct 04 2016	Rescheduled.
Oct 11 2016	DISTRIBUTED for Conference of October 14, 2016.
Oct 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)
Oct 24 2016	DISTRIBUTED for Conference of October 28, 2016.
Oct 28 2016	Petition GRANTED.
Dec 07 2016	Joint appendix filed. (Statement of costs filed)
Dec 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.
Dec 12 2016	Brief amici curiae of Genesis Healthcare, Inc, et al. filed.
Dec 14 2016	Brief amici curiae of American Health Care Association and The Kentucky Association of Health Care Facilities filed.
Dec 14 2016	Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
Dec 22 2016	SET FOR ARGUMENT on Wednesday, February 22, 2017.
Dec 30 2016	Record requested from the Supreme Court of Kentucky.
Jan 06 2017	Brief of respondents Janis E. Clark, et al. filed.
Jan 11 2017	Record received from the Supreme Court of Kentucky, 1 Box.
Jan 13 2017	Brief amici curiae of American Association for Justice, and Kentucky Justice Association filed.
Jan 13 2017	Brief amicus curiae of Arbitration Scholar Imre S.Szalai filed.
Jan 13 2017	Brief amicus curiae of Public Citizen, Inc. filed.
Jan 13 2017	Brief amici curiae of AARP,et al. filed. (Distributed)
Jan 17 2017	Record received from the Court of Appeals of Kentucky (1 envelope).
Jan 17 2017	CIRCULATED.
Jan 19 2017	Supplemental brief of respondents Janis E. Clark, et al. filed. (Distributed)
Feb 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)
Feb 22 2017	Argued. For petitioners: Andrew J. Pincus, Washington, D. C. For respondents: Robert E. Salyer, Lexington, Ky.
May 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.
Jun 19 2017	JUDGMENT ISSUED
Jun 19 2017	MANDATE ISSUED.
Aug 11 2017	Record from the Supreme Court of Kentucky has been returned.
Aug 29 2018	The record from the Supreme Court of Kentucky has been returned.

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On Friday, the justices met for their February 15 conference and agreed to hear oral argument in Department of Commerce v. New York during the second week of the April sitting.
The calendar for the February sitting, which will begin on Tuesday, February 19, is available on the Supreme Court's website.
Major Cases
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- New York State Rifle & Pistol Association Inc. v. City of New York, New York
  Whether New York City’s ban on transporting a licensed, locked and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the commerce clause and the constitutional right to travel.
- The American Legion v. American Humanist Association
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
see all this term’s cases »
Recent Decisions
- Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc. The sale of an invention to a third party who is obligated to keep the invention confidential may place the invention “on sale” for purposes of the Leahy-Smith America Invents Act, which bars a person from receiving a patent on an invention that was “in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention,” 35 U. S. C. §102(a)(1).
- New Prime Inc. v. Oliveira A court should determine whether the Federal Arbitration Act’s Section 1 exclusion for disputes involving the “contracts of employment” of certain transportation workers applies before ordering arbitration; here, truck driver Dominic Oliveira’s independent contractor operating agreement with New Prime Inc. falls within that exception.
- Stokeling v. United States The Armed Career Criminal Act’s elements clause encompasses a robbery offense that, like Florida’s law, requires the criminal to overcome the victim’s resistance.
- Culbertson v. Berryhill The Social Security Act’s fee cap of 25 percent of past-due benefits imposed on attorneys who successfully represent Title II benefit claimants in court proceedings applies only to fees for court representation and not to aggregate fees for both court and agency representation.
- Henry Schein Inc. v. Archer and White Sales Inc. The “wholly groundless” exception to the general rule that courts must enforce contracts that delegate threshold arbitrability questions to an arbitrator, not a court, is inconsistent with the Federal Arbitration Act and Supreme Court precedent.
see all this term’s cases »
Current Relists
- Altitude Express Inc. v. Zarda Whether the prohibition in Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1), against employment discrimination “because of . . . sex” encompasses discrimination based on an individual’s sexual orientation.
- Baxter v. United States (1) Whether a conviction for robbery under Florida law qualifies as a “violent felony” within the Armed Career Criminal Act’s elements clause simply because it requires overcoming victim resistance, as the U.S. Court of Appeals for the 11th Circuit has held, or whether such a conviction fails to qualify as an ACCA “violent felony” because Florida caselaw confirms that overcoming victim resistance does not invariably requires the use of “violent force” as the U.S. Court of Appeals for the 9th Circuit has held; and (2) whether a conviction for any state robbery offense that includes “as an element” the common law requirement of overcoming “victim resistance” is categorically a “violent felony” within the ACCA’s elements clause if the offense has been specifically interpreted by state appellate courts to require only slight force to overcome resistance.
- Bostock v. Clayton County, Georgia Whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination “because of . . . sex” within the meaning of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2.
More Petitions »
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Cases argued 43

Cases decided 10

Summary reversals 2

Merits cases granted to date 73

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Chief Justice Roberts at Belmont University

On February 6, Chief Justice John Roberts spoke at Belmont University College of Law with Alberto Gonzales, dean of the law school and former U.S. attorney general.

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Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
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Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
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Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
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15
Conference

19
Orders
RETURN MAIL INC. V. U.S. POSTAL SERVICE (17-1594)

20
MISSION PRODUCT HOLDINGS INC. V. TEMPNOLOGY INC. (17-1657)

22
Conference

25
Orders
MANHATTAN COMMUNITY ACCESS CORP. V. HALLECK (17-1702)

26
UNITED STATES V. HAYMOND (17-1672)
MONT V. UNITED STATES (17-8995)

27
THE AMERICAN LEGION V. AMERICAN HUMANIST ASSOCIATION (17-1717)

Cases argued	43
Cases decided	10
Summary reversals	2
Merits cases granted to date	73