ARTICLE
17 September 2018

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

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Day Pitney LLP

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Day Pitney LLP is a full-service law firm with more than 300 attorneys in Boston, Connecticut, Florida, New Jersey, New York and Washington, DC. The firm offers clients strong corporate and litigation practices, with experience on behalf of large national and international corporations as well as emerging and middle-market companies. With one of the largest individual clients practices on the East Coast, the firm also has extensive experience assisting individuals and their families, fiduciaries and tax-exempt entities plan for the future.
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.
United States Litigation, Mediation & Arbitration

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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