Arbitration

July 23rd, 2019 by Rieders Travis in Arbitration

ARBITRATION-WRONGFUL DEATH AND SURVIVAL - SKIING ACCIDENT Didonato v. Ski Shawnee, 2020 Pa. Super. LEXIS 892 (October 27, 2020) King, J.  Under these circumstances, the record demonstrates that the Academy defendants accepted judicial process and waived their claim of arbitration. See Stanley-Laman Group, Ltd. v. Hyldahl, 939 A.2d 378, 387 (Pa. super. 2007). Significantly, the Academy defendants (1) did not raise the issue of arbitration for almost a year after the Estate filed its complaint; (2) engaged in pre-trial discovery on the issue of venue, during which it did not produce the enrollment contract or mention the arbitration provision; (3) filed preliminary objections based on improper venue, which did not raise the issue of arbitration, and filed a notice of removal to federal court; and (4) waited for the trial court’s rulings on the preliminary objections and the federal court’s actions on the notice of removal before asserting a claim of arbitration. See O’Donnell v. Hovnanian Enterprises, Inc., 29 A.3d 1183, 1187 (Pa. Super. 2011). The record makes clear that the Academy defendants’ failure to raise the issue of arbitration promptly caused almost a full year delay in proceeding to…