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Beverly Enterprises, Inc. v. Ping

Certiorari Denied

Petition for certiorari denied on April 22, 1913.

Docket No.12-652
Op. BelowKy.

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.

Proceedings & orders timeline

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

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