Arbitration

July 23rd, 2019 by Rieders Travis in Arbitration

ARBITRATION-NURSING HOMES-UNCONSCIONABILITY Kohlman v. Grane Healthcare Co., 2020 Pa. Super. LEXIS 104 (February 10, 2020) Musmanno, J.  In this case, the defendant agreed that plaintiff had a right to arbitrate the wrongful death claim.  Decedent signed the arbitration agreement when she was alive, and thereafter died.  The court pointed out, however, that plaintiff’s decedent was entitled to discovery and development of the record on unconscionability.  Defendants do not dispute that plaintiff is entitled to a trial on wrongful death nothwithstanding the arbitration agreement, but of course are asserting arbitration for the survival action. ARBITRATION-FEDERAL ARBITRATION ACT-UBER DRIVERS Singh v. Uber Techs. Inc., 2019 U.S. App. LEXIS 27412 (September 11, 2019) GREENAWAY, JR., C.J. Arbitration agreements are essentially contracts that predetermine that a dispute between parties will be decided by an arbitrator, rather than in court. In response to judicial hostility toward these types of contracts Congress passed the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16. The FAA places certain arbitration agreements on equal footing with all other contracts by requiring courts to enforce such agreements according to their terms. Section 2 provides that the FAA covers "a written provision in any maritime transaction or a contract evidencing a…