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Kindred Nursing Centers Limited Partnership v. Clark

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

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
May 06 2016Application (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 2016Application (15A1154) granted by Justice Kagan extending the time to file until July 1, 2016.
Jul 01 2016Petition for a writ of certiorari filed. (Response due August 5, 2016)
Jul 29 2016Order extending time to file response to petition to and including September 6, 2016.
Aug 05 2016Brief amici curiae of American Health Care Association and The Kentucky Association of Health Care Facilities filed.
Aug 05 2016Brief amici curiae of Genesis Healthcare, Inc, et al. filed.
Sep 06 2016Brief of respondents Janis E. Clark, et al. in opposition filed.
Sep 20 2016Reply 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 2016DISTRIBUTED for Conference of October 7, 2016.
Oct 04 2016Rescheduled.
Oct 11 2016DISTRIBUTED for Conference of October 14, 2016.
Oct 21 2016Supplemental 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 2016DISTRIBUTED for Conference of October 28, 2016.
Oct 28 2016Petition GRANTED.
Dec 07 2016Joint appendix filed. (Statement of costs filed)
Dec 07 2016Brief 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 2016Brief amici curiae of Genesis Healthcare, Inc, et al. filed.
Dec 14 2016Brief amici curiae of American Health Care Association and The Kentucky Association of Health Care Facilities filed.
Dec 14 2016Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
Dec 22 2016SET FOR ARGUMENT on Wednesday, February 22, 2017.
Dec 30 2016Record requested from the Supreme Court of Kentucky.
Jan 06 2017Brief of respondents Janis E. Clark, et al. filed.
Jan 11 2017Record received from the Supreme Court of Kentucky, 1 Box.
Jan 13 2017Brief amici curiae of American Association for Justice, and Kentucky Justice Association filed.
Jan 13 2017Brief amicus curiae of Arbitration Scholar Imre S.Szalai filed.
Jan 13 2017Brief amicus curiae of Public Citizen, Inc. filed.
Jan 13 2017Brief amici curiae of AARP,et al. filed. (Distributed)
Jan 17 2017Record received from the Court of Appeals of Kentucky (1 envelope).
Jan 17 2017CIRCULATED.
Jan 19 2017Supplemental brief of respondents Janis E. Clark, et al. filed. (Distributed)
Feb 06 2017Reply 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 2017Argued. For petitioners: Andrew J. Pincus, Washington, D. C. For respondents: Robert E. Salyer, Lexington, Ky.
May 15 2017Adjudged 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 2017JUDGMENT ISSUED
Jun 19 2017MANDATE ISSUED.
Aug 11 2017Record from the Supreme Court of Kentucky has been returned.
Aug 29 2018The record from the Supreme Court of Kentucky has been returned.