August 22nd, 2022 by Rieders Travis in Arbitration

MBC Dev., LP v. Miller, 2022 Pa. Super. LEXIS 350 (August 12, 2022) (Colins, J.)  This case involved an arbitration agreement in connection with a limited partnership.  The court found that the arbitration agreement must be respected.  Reference to the court as an adjudicator in the statute does not require that only a court can make such an adjudication or prohibit arbitration of the claim or issue.  Here, Sections 8692 and 8694 of the Limited Partnership Act do not state that courts have exclusive jurisdiction over proceedings concerning the effect of a special litigation committee determination on a derivative claim.  Rather, they simply refer to the “court” as the adjudicator of the effect of a special litigation committee determination where the action is brought in a court and refer to “court review” without any suggestion of intent to bar other adjudicators from addressing the issue.  There is no limitation in jurisdiction in the Limited Partnership Act.  The partnership arbitration clause then is valid.  However, as to the individuals not parties to the partnership agreement, they are not bound by arbitration.  They also are not third party beneficiaries of the agreement who might otherwise be bound by the arbitration agreement.

Attorney Cliff Rieders

Attorney Cliff RiedersCliff Rieders is a Nationally Board Certified Trial Lawyer practicing personal injury law. A large part of his practice involves multi-district litigation, including cases related to pharmaceuticals, vitamin supplements and medical devices. He is admitted in several state and federal courts, as well as the Supreme Court of the United States. Rieders is the past regional president of the Federal Bar Association and is a life member of the distinguished American Law Institute, which promulgates proposed rules adopted by many state courts. He is a past president of the Pennsylvania Association for Justice, formerly Pennsylvania Trial Lawyers Association. As a founder of the Pennsylvania Patient Safety Authority, he served on the Board for 15 years.

Not only has Rieders held many highly esteemed, leadership positions, he authored legislation related to the Patient Safety Authority and the Mcare Act, which governs medical and hospital liability actions in Pennsylvania. He authored texts upon which both practitioners and judges rely, including Pennsylvania Malpractice Laws and Forms, and Financial Responsibility Law Issues in Pennsylvania, the latter governing auto and truck collisions in Pennsylvania. In addition, he wrote several books on the practice of law in Pennsylvania regarding wrongful death and survivor actions, insurance bad faith, legal malpractice claims and worker rights, among others. Rieders also serves as a resource to practitioners as a regular speaker for Celesq, an arm of the world’s largest legal publisher, Thomson Reuters West Publishing.

As recognition of his wide range of contribution to his profession and of his dedication to protecting the rights of his clients, he received numerous awards, among them the George F. Douglas Amicus Curiae Award, the Milton D. Rosenberg Award, the B’nai B’rith Justice Award, and awards of recognition from the Pennsylvania Trial Lawyers. [ Attorney Bio ]



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