Last month, I presented on the topic of arbitration provisions. I covered the legal landscape, common law trends, and drafting tips to create an enforceable arbitration provision. One recent case that I did not have time to cover comes from the Supreme Court of the United States via the Kentucky Supreme Court which reinforces the significance of the Federal Arbitration Act.
On May 15, 2017, the Supreme Court held that Kentucky’s devotion to the right to jury trial, a so-called “divine God-given right,” does not override the Federal Arbitration Act in Kindred Nursing Centers Limited Partnership v. Clark, United States Supreme Court, case no. 16-32.
An interesting article on the case can be found here.
This article was submitted by Paul Obszanski, Benesch Friedlander Coplan & Aronoff LLP. If you would like to write or submit content for the Business Law Section, please contact Kim Ferguson at firstname.lastname@example.org.