SmartBrief
0
Confirm favorite deletion?
Civil Procedure Keyed to Subrin
Kindred Nursing Centers Limited Partnership v. Clark
Citation:
137 S. Ct. 1421 (2017)Facts
When Plaintiffs moved their loved ones into a nursing home operated by Defendant, each held a power of attorney used to complete all the paperwork. Each signed a contract on her relative’s behalf agreeing to arbitrate any disputes arising out of living at Defendant. When both relatives died the following year, Plaintiffs brought separate lawsuits on behalf of their loved ones, alleging Defendant provided substandard care resulting in their deaths. Defendant attempted to dismiss the lawsuits on the ground that arbitration precluded them, but the Kentucky courts found both arbitration agreements invalid. Specifically, the Kentucky Supreme Court found that because the state constitution guarantees an inviolate right to a jury trial, a power of attorney must clearly state the agent may deprive the principal of that right to do so. The court concluded that clear-statement rule complied with the Federal Arbitration Act (FAA) even though it treated entering arbitration agreements differently than other types of contracts. The U.S. Supreme Court granted review.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.
Topic Resources
6m 28sTopic Outline 