United States:
Reconciling The Limits Of Agency Law And The Reach Of The Federal Arbitration Act; Analyzing An Agent's Ability To Bind A Principal To Arbitration In The Nursing Home Setting
17 September 2018
Day Pitney LLP
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Rebecca Tunney co-authored an article, "
Reconciling the Limits of Agency Law and the Reach of the Federal
Arbitration Act," published by the Massachusetts Law
Review. The article analyzes the impact of the Supreme
Court's decision in Kindred Nursing Centers Limited
Partnership v. Clark on Massachusetts Estate Planning and
Arbitration practitioners. The article provides an in-depth
analysis of the authority of an attorney-in-fact or a health care
agent to bind a principal to arbitration in the nursing home
setting, outlines the laws in Massachusetts as they currently stand
and predictions for where they are headed, and provides advice to
estate planners given the prevalence of this issue in the courts in
Massachusetts and nationwide.
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Pitney
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about your specific circumstances.
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