Joseph Greenwald & Laake principal attorney Steven Vinick was quoted in a Law360 article that looked back on some of the biggest medical malpractice decisions and verdicts of 2017. The article noted that this year brought record jury awards and major court rulings all over the country.
Steven spoke to the publication about Kindred Nursing Centers LP v. Clark et al., case number 16-32 in the United States Supreme Court. In this case, the Supreme Court ruled that the Kentucky high court’s refusal to send two wrongful death suits against a nursing home to arbitration violated the Federal Arbitration Act. They said that arbitration agreements should be handled the same way as other contracts.
Originally, the Kentucky Supreme Court ruled that if an arbitration agreement is signed by an individual with power of attorney, it wrongfully waives the principal’s “sacred and God-given right” to a jury trial unless authorized in a “clear statement.” However, the Supreme Court said that by using that logic, any deal to sell furniture under power of attorney would also be subject to the state’s clear-statement rule --- according to the Kentucky Constitution, rights to acquire and protect property are covered.
Vinick noted that this marks another decision in a long line of the Supreme Court’s arbitration-friendly rulings, which began with the landmark 2011 ruling in AT&T Mobility LLC v. Concepcion.
“It’s been the same thing every time,” Steven said. “The question was becoming whether an arbitration clause can be looked at differently than a contractual clause. At the end of the day, if the clause says it’s being sent to arbitration, that’s where it’s going.”
Steven is a principal in Joseph Greewald & Laake’s Personal Injury, Medical Malpractice and Civil Litigation practice groups. He has over 20 years of experience representing clients in matters including medical malpractice, personal injury and criminal defense. Steven has earned a reputation as a skilled litigator and highly effective courtroom advocate.
To read the rest of this article, click below.