| No. 16-32 | |
| Title: | Kindred Nursing Centers Limited Partnership, dba Winchester Centre for Health and Rehabilitation, nka Fountain Circle Health and Rehabilitation, et al., Petitioners v. Janis E. Clark, et al. |
| Docketed: | July 6, 2016 |
| Linked with 15A1154 | |
| Lower Ct: | Supreme Court of Kentucky |
| Case Numbers: | (2013-SC-000430-I, 2013-SC-000431-I) |
| Decision Date: | September 24, 2015 |
| Rehearing Denied: | February 18, 2016 |
| Questions Presented | |
| Date | Proceedings and Orders |
| May 06 2016 | Application (15A1154) to extend the time to file a petition for a writ of certiorari from May 18, 2016 to July 1, 2016, submitted to Justice Kagan. |
| May 09 2016 | Application (15A1154) granted by Justice Kagan extending the time to file until July 1, 2016. |
| Jul 01 2016 | Petition for a writ of certiorari filed. (Response due August 5, 2016) |
| Jul 29 2016 | Order extending time to file response to petition to and including September 6, 2016. |
| Aug 05 2016 | Brief amici curiae of American Health Care Association and The Kentucky Association of Health Care Facilities filed. |
| Aug 05 2016 | Brief amici curiae of Genesis Healthcare, Inc, et al. filed. |
| Sep 06 2016 | Brief of respondents Janis E. Clark, et al. in opposition filed. |
| Sep 20 2016 | Reply of petitioners Kindred Nursing Centers Limited Partnership, dba Winchester Centre for Health and Rehabilitation, nka Fountain Circle Health and Rehabilitation, et al. filed. |
| Sep 21 2016 | DISTRIBUTED for Conference of October 7, 2016. |
| Oct 04 2016 | Rescheduled. |
| Oct 11 2016 | DISTRIBUTED for Conference of October 14, 2016. |
| Oct 21 2016 | Supplemental brief of petitioners Kindred Nursing Centers Limited Partnership, dba Winchester Centre for Health and Rehabilitation, nka Fountain Circle Health and Rehabilitation, et al. filed. (Distributed) |
| Oct 24 2016 | DISTRIBUTED for Conference of October 28, 2016. |
| Oct 28 2016 | Petition GRANTED. |
| Dec 07 2016 | Joint appendix filed. (Statement of costs filed) |
| Dec 07 2016 | Brief of petitioners Kindred Nursing Centers Limited Partnership, dba Winchester Centre for Health and Rehabilitation, nka Fountain Circle Health and Rehabilitation, et al. filed. |
| Dec 12 2016 | Brief amici curiae of Genesis Healthcare, Inc, et al. filed. |
| Dec 14 2016 | Brief amici curiae of American Health Care Association and The Kentucky Association of Health Care Facilities filed. |
| Dec 14 2016 | Brief amicus curiae of The Chamber of Commerce of the United States of America filed. |
| Dec 22 2016 | SET FOR ARGUMENT on Wednesday, February 22, 2017. |
| Dec 30 2016 | Record requested from the Supreme Court of Kentucky. |
| Jan 06 2017 | Brief of respondents Janis E. Clark, et al. filed. |
| Jan 11 2017 | Record received from the Supreme Court of Kentucky, 1 Box. |
| Jan 13 2017 | Brief amici curiae of American Association for Justice, and Kentucky Justice Association filed. |
| Jan 13 2017 | Brief amicus curiae of Arbitration Scholar Imre S.Szalai filed. |
| Jan 13 2017 | Brief amicus curiae of Public Citizen, Inc. filed. |
| Jan 13 2017 | Brief amici curiae of AARP,et al. filed. (Distributed) |
| Jan 17 2017 | Record received from the Court of Appeals of Kentucky (1 envelope). |
| Jan 17 2017 | CIRCULATED. |
| Jan 19 2017 | Supplemental brief of respondents Janis E. Clark, et al. filed. (Distributed) |
| Feb 06 2017 | Reply of petitioners Kindred Nursing Centers Limited Partnership, dba Winchester Centre for Health and Rehabilitation, nka Fountain Circle Health and Rehabilitation, et al. filed. (Distributed) |
| Feb 22 2017 | Argued. For petitioners: Andrew J. Pincus, Washington, D. C. For respondents: Robert E. Salyer, Lexington, Ky. |
| May 15 2017 | Adjudged to be REVERSED IN PART, VACATED IN PART, and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, Alito, and Sotomayor, JJ., joined. Thomas, J., filed a dissenting opinion. Gorsuch, J., took no part in the consideration or decision of the case. |
| Jun 19 2017 | JUDGMENT ISSUED |
| Jun 19 2017 | MANDATE ISSUED. |
| Aug 11 2017 | Record from the Supreme Court of Kentucky has been returned. |
| Aug 29 2018 | The record from the Supreme Court of Kentucky has been returned. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioners | ||
| Andrew J. Pincus Counsel of Record | Mayer Brown LLP 1999 K Street, NW Washington, DC 20006 apincus@mayerbrown.com | (202) 263-3000 |
| Party name: Kindred Nursing Centers Limited Partnership. dba Winchester Centre for Health and Rehabilitation, nka Fountain Circle Health and Rehabilitation, et al. | ||
| Attorneys for Respondents | ||
| Robert E. Salyer Counsel of Record | Wilkes & Mchugh, P.A. 429 North Broadway PO Box 1747 Lexington, KY 40588 rsalyer@wilkesmchugh.com | (859) 455-3356 |
| Party name: Janis E. Clark, et al. | ||
| Other | ||
| Thomas R. McCarthy | Consovoy McCarthy Park PLLC 3033 Wilson Boulevard, Suite 700 Arlington, VA 22201 tom@consovoymccarthy.com | 703-243-9423 |
| Party name: The Chamber of Commerce of the United States of America | ||
| Donald L. Miller II. | Quintairos Prieto Wood & Boyer PA 9300 Shelbyville Road, Suite 400 Louisville, KY 40222 dmiller@qpwblaw.com | (502) 423-6390 |
| Party name: Genesis Healthcare, Inc, et al. | ||
| Scott L. Nelson | Public Citizen Litigation Group 1600 20th Street, N.W. Washington, DC 20009 snelson@citizen.org | (202) 588-1000 |
| Party name: Public Citizen, Inc. | ||
| Robert S. Peck | Center for Constitutional Litigation P.C. 7916 Bressingham Drive Fairfax Station,, VA 22039 robert.peck@cclfirm.com | (202) 944-2874 |
| Party name: American Association for Justice, and Kentucky Justice Association | ||
| William Alvarado Rivera | AARP Foundation Litigation 601 E Street, NW, Washington, DC 20049 warivera@aarp.org | (202)-690-6229 |
| Party name: AARP,et al. | ||
| James F. Segroves | Hooper, Lundy & Bookman, PC 401 Ninth Street, NW, Suite 550 Washington, DC 20004 jsegroves@health-law.com | (202) 580-7700 |
| Party name: American Health Care Association and The Kentucky Association of Health Care Facilities | ||
| Imre S Szalai | Loyola University New Orleans College of Law 7214 St. Charles Avenue, Box 901 New Orleans, LA 70118 iszalai@loyno.edu | (504) 861-5589 |
| Party name: Arbitration Scholar Imre S..Szalai | ||