Outsourcing Justice Comments on Recent Oral Arguments (Kindred Nursing Centers)

Over at Outsourcing Justice (a blog about modern arbitration law), Professor Szalai comments on the oral arguments recently held at the U.S. Supreme Court in Kindred Nursing Centers v. Clark.  (see Trump, Nursing Homes, and Arbitration)

Professor Szalai concludes:

“Ultimately, the outcome of this case will boil down to whether the Justices think the Kentucky Supreme Court was hostile to arbitration or not.  The rule developed by the Kentucky Supreme Court applies to the waiver of all fundamental rights, and thus, the rule appears neutral on its face.  But at the same time, this rule was first developed in the context of invalidating an arbitration clause, suggesting the rule was designed with the purpose of undermining arbitration.  It’s tough to predict what will happen, but the outcome will depend on how the Justices interpret the Kentucky rule and whether the rule was adopted to undermine arbitration.”