Kindred Nursing Centers, L. P. v. Clark

Summary

The Supreme Court held that the Kentucky Supreme Court's clear-statement rule, which required specific authorization in a power of attorney to waive the right to a jury trial, violated the Federal Arbitration Act by singling out arbitration agreements for disfavored treatment. The Court reversed the judgment regarding one agreement and vacated regarding the other for remand. Justice Thomas, dissenting, would have held that the FAA does not apply to state court proceedings.