On May 15, the U.S. Supreme Court ruled 7 to 1 in favor of nursing home arbitration clauses and against any state law that would diminish the right of parties to enter into arbitration clauses in the health-care context. See Kindred Nursing Centers L.P. v. Clark, U.S., No. 16-0032, 2017 WL 2039160 (May 15, 2017). Justice Elena Kagan delivered the majority opinion and Justice Clarence Thomas submitted the dissenting opinion. Kagan made it clear that the right to engage in arbitration is king and extends over and above state laws that would preclude its use.

To read the full text of this article by Duane Morris partner Neville M. Bilimoria, please visit the Chicago Lawyer website.