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Kindred Nursing Centers, L.P. v. Clark

In a consolidated action brought by two family members holding powers of attorney for two decedents against a nursing home, alleging the substandard care had caused their deaths, the Kentucky Supreme Court's decision, that the arbitration agreements between the plaintiffs and the nursing home were invalid because neither power of attorney specifically entitled the representative to enter into an arbitration agreement, is reversed where the Kentucky Supreme Court's clear-statement rule violates the Federal Arbitration Act by singling out arbitration agreements for disfavored treatment.