No. 23-1357

Country Oaks Partners, LLC, dba Country Oaks Care Center, et al. v. Mark Harrod

Lower Court: California
Docketed: 2024-06-28
Status: Denied
Type: Paid
Amici (3)
Tags: advance-directive agent-authority arbitration-agreement contract-statutes federal-arbitration-act health-care-decisions health-care-providers power-of-attorney state-law state-law-preemption
Key Terms:
Arbitration Privacy JusticiabilityDoctri
Latest Conference: 2024-09-30
Question Presented (from Petition)

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.

Question Presented (AI Summary)

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

Docket Entries

2024-10-07
Petition DENIED.
2024-08-14
DISTRIBUTED for Conference of 9/30/2024.
2024-07-29
Amicus brief of The Civil Justice Association of California, The American Health Care Association and The National Center for Assisted Living, and The California Association of Health Facilities submitted.
2024-07-29
Brief amici curiae of Assoc. of Def. Counsel of N. Cal. and Nev., et al. filed.
2024-07-29
Brief amici curiae of Association of Defense Counsel of Northern California and Nevada, et al. filed.
2024-07-29
Brief amici curiae of The Civil Justice Association of California, et al. filed.
2024-06-26
Petition for a writ of certiorari filed. (Response due July 29, 2024)

Attorneys

Assoc. of Def. Counsel of N. Cal. and Nev., et al.
Don WillenburgGordon & Rees, Amicus
Country Oaks Partners, LLC dba Country Oaks Care Center, et al.
Harry W. R. Chamberlain IIMusick, Peeler & Garrett, Petitioner
The Civil Justice Association of California, The American Health Care Association and The National Center for Assisted Living, and The California Association of Health Facilities
Calvin HouseGutierrez, Preciado & House, LLP, Amicus