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McBrayer Blogs
Showing 3 posts in Arbitration.
Arbitration and Interlocutory Appeals in Kentucky
Earlier this week, we wrote about the recent Kentucky Court of Appeals case Kindred Healthcare, Inc. v. Cherolis, No. 2012-CA-002074-MR (Ky. Ct. App. Oct. 11, 2013). In Cherolis, the Daviess Circuit Court denied a motion by Kindred to compel arbitration of the claims brought by Cherolis (as Executrix of her mother’s estate). Immediately following the trial court’s ruling on the motion, Kindred appealed to the Kentucky Court of Appeals. More >
Does Ping Still Pack a Punch? Court Says Broader POA Can Sign Arbitration Agreement
Posted In Arbitration, Health Care Law, Kindred v. Cherolis, Long-term care communities, Ping v. Beverly Enterprises, Power of Attorney ("POA")
Shockwaves rippled through Kentucky’s long-term care communities in 2012 when the Kentucky Supreme Court ruled in Ping v. Beverly Enterprises, Inc. that a power of attorney (POA) for property, financial affairs and health care was insufficient the principal (or her estate) to an optional arbitration agreement.[1] More >
Oxford Health Plans, LLC v. Sutter: Don’t Forget to Read the Arbitration Provision
On June 10, 2013, the U.S. Supreme Court issued a decision confirming that payment disputes between a payor and its network providers may be resolved through group arbitration if allowed by the arbitrator, even if the use of class procedures is not expressly provided for in the agreement. More >
