Country Oaks Partners, LLC, dba Country Oaks Care Center, et al. v. Mark Harrod
Arbitration Privacy JusticiabilityDoctri
1. Whether the FAA preempts state law contract statutes and regulations by singling out for disfavored treatment arbitration agreements entered into between California health care providers and an agent who is appointed under a power of attorney to make "health care decisions" (advance directive) and enter into contracts for those services on behalf of the principal.
2. Whether the California Supreme Court's interpretation of state law contract statutes and regulations for services offered by health care providers imposes a "clear-statement rule" that unduly impairs the agent's authority to agree to arbitrate disputes while acting under such an advance directive, in violation of the FAA and this Court's precedent.
Whether the FAA preempts state law contract statutes and regulations by singling out for disfavored treatment arbitration agreements entered into between California health care providers and an agent who is appointed under a power of attorney to make 'health care decisions' (advance directive) and enter into contracts for those services on behalf of the principal