Kindred Healthcare, Inc. v. Peckler, 2006 WL 1360282 (Ky. 2006)

By David L. McGuffey, Certified Elder Law Attorney

Kindred filed a motion for an emergency protective order after the trial allowed limited discovery on the sole issue of whether the arbitration agreement executed on behalf of the resident was void. Among the matters over which Kind sought protection was the relationship between Kindred and the service that administers the ADR program, as well as Kindred's ADR training program. Kindred then petitioned the Court of Appeals for a writ of prohibition to prevent the trial judge from presiding over the challenge to the ADR agreement or from enforcing his discovery order. The court of appeals denied the application. The Supreme Court affirmed.

(Not reported in S.W.3d or on Lexis). Online at: http://floridaarbitrationlaw.com/cases/kindred_v_peckler.pdf.

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