Chilutti v. Uber Techs., Inc., 2026 Pa. LEXIS 79 (January 21, 2026) Brobson, J. We granted allowance of appeal in this matter to consider whether the Superior Court properly determined that a trial court order granting a petition to compel arbitration of ongoing litigation constitutes an immediately appealable collateral order. If the Court concludes that […]
Tag: Arbitration
ARBITRATION – PROCEDURE – OBJECTIONS – EVIDENTIARY MATERIAL – PLEADING
O’Shea v. Loyalsock Rehab. Ctr., LLC., 2025 Pa. Dist. & Cnty. Dec. LEXIS 57 (July 12, 2025) NO. 2023-01142 Second, Defendants’ demand for arbitration is untimely. Defendants’ demand for arbitration was not asserted through the first two sets of Preliminary Objections and was not raised until the parties had engaged in many months of discovery. […]
ARBITRATION-NURSING HOME-UNCONSCIONABILITY
Harrington v. Kramer, 2025 Pa. Dist. & Cnty. Dec. LEXIS 1(Luzerne County Ct. of Common Pleas, January 14, 2025) (Gelb, J. and Lesa, S.) Nursing home resident signed arbitration clause and Court found that it is procedurally and substantively unconscionable. First, the Court finds that Ms. Curtin, did not have the legal capacity to sign […]
ARBITRATION-SPECIAL LITIGATION COMMITTEE RECOMMENDATION-PENNSYLVANIA UNIFORM LIMITED PARTNERSHIP ACT
MBC Dev., LP v. Miller, 2024 Pa. LEXIS 790 (S. Ct. May 31, 2024) (Mundy, J.). We granted allowance of appeal to consider whether a limited partner may invoke the mandatory arbitration provision in the limited partnership agreements to compel arbitration of his challenges to a special litigation committee’s recommendation. Because we conclude the limited […]
ARBITRATION-ARBITRATION CLAUSES THAT ARE INCONSISTENT
Coinbase, Inc. v. Suski, 2024 U.S. LEXIS 2263, 2024 WL 2333424 (S. Ct. May 23, 2024) (Jackson, J.) The parties in this case executed two contracts. The first contained an arbitration provision with a delegation clause; per that provision, an arbitrator must decide all disputes under the contract, including whether a given disagreement is arbitrable. […]
ARBITRATION-FEDERAL ARBITRATION ACT-STAY VERSUS DISMISSAL
Smith v. Spizzirri, 2024 U.S. LEXIS 2170, 2024 WL 2193872 (S. Ct. May 16, 2024) (Sotomayor, J.). The Federal Arbitration Act (FAA) sets forth procedures for enforcing arbitration agreements in federal court. Section 3 of the FAA specifies that, when a dispute is subject to arbitration, the court “shall on application of one of the […]
ARBITRATION-EMPLOYMENT-AMBIGUITY
Schwartz v. Kelly Servs., Inc., 2024 Pa. Super. LEXIS 114, 2024 WL 1317062 (March 28, 2024) (Stabile, J.). This interlocutory appeal concerns the scope of an Arbitration Agreement between Appellant, Kelly Services, Inc. (Kelly), and Nancy M. Schwartz (Schwartz). It is undisputed that Schwartz retained Kelly to help her find a new teaching position, and […]
ARBITRATION-EMPLOYMENT-PERSONAL INJURY ACTION
McCrossin v. Comcast Spectacor, LLC, 2024 Pa. Super. LEXIS 33 (February 6, 2024) (Colins, J.). Appellants, Comcast Spectacor, LLC (Comcast Spectacor) and FPS Rink, L.P. (FPS) (collectively, Defendants), appeal an order of the Court of Common Pleas of Philadelphia County (trial court) overruling their preliminary objections seeking arbitration in a personal injury action brought by […]
AAA ARBITRATION-PERMISSION TO RETURN TO COURT
Hernandez v. MicroBilt Corp., 2023 U.S. App. LEXIS 32072 (3rd Cir. December 5, 2023) (Porter, C.J.). MicroBilt Corporation seeks to compel Maria Del Rosario Hernandez to arbitrate her claims under the Federal Arbitration Act. 9 U.S.C. § 4. But Hernandez has fully complied with MicroBilt’s arbitration provision, which allows her to pursue her claims in […]
ARBITRATION-EXPERT DETERMINATION
Sapp v. Indus. Action Servs., LLC, 2023 U.S. App. LEXIS 18428, 2023 WL 4632784 (3d Cir. July 20, 2023) (Ambro, C.J.) Arbitration is an ever-growing trend that many parties prefer and courts routinely enforce. Yet that trend cannot continue so far that arbitration is forced on parties who never agreed to it. That is what […]
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