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 […]
Tag: Arbitration
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 […]
ARBITRATION-CRITERIA-CONSTRUCTION DISPUTE
Von Sick v. ANC Builders, Inc., 2023 Pa. Super. LEXIS 286 (June 26, 2023) (Lazarus, J.) We employ a two-part test to determine whether the trial court should have compelled arbitration. First, we examine whether a valid agreement to arbitrate exists. Second, we must determine whether the dispute is within the scope of the agreement. […]
ARBITRATION-UBER DRIVERS
– Singh v. Uber Techs., Inc., 2023 U.S. App. LEXIS 10931 (3d Cir. April 26, 2023) (Scirica, C.J.)., vacated 2023 U.S. App. LEXIS 11358 (May 4, 2023). The Federal Arbitration Act (FAA) compels federal courts to enforce a wide range of arbitration agreements. But it does not apply to arbitration agreements contained in the “contracts […]
ARBITRATION-STOCK BROKERS
Carvell v. Edward D. Jones & Co., L.P., 2023 Pa. Super. LEXIS 178 (May 5, 2023) (Bender, P.J.E.). After reviewing arbitration agreement, the court said that it was satisfied with the first prong of the test for determining whether arbitration should have been compelled has been met. The question was whether the estate’s crossclaims were […]
ARBITRATION-WAIVER
White v. Samsung Elecs. Am., Inc., 2023 U.S. App. LEXIS 5398 (3rd Cir. March 7, 2023) (Arleo, D.J.). This case from the Third Circuit indicates that Samsung waived the right to arbitration in this consumer class action, because it litigated for a long time and then decided it wanted to assert its arbitration provision score. […]
ARBITRATION-MINOR CHILDREN, PARENT BINDING A MINOR CHILD TO ARBITRATION AGREEMENT
Santiago v. Philly Trampoline Park, LLC, 2023 Pa. Super. LEXIS 110 (March 21, 2023) (Bowes, J.) In these separate appeals, we are tasked with deciding an issue of first impression in Pennsylvania: whether a parent’s role as natural guardian entitles the parent to bind a minor child to an arbitration agreement and waive that child’s […]
ARBITRATION-WHO IS BOUND-SURETY
East Steel Constructors, Inc. v. Int’l Fid. Ins. Co., 2022 Pa. Super. LEXIS 367 (Pa. Super. September 1, 2022) (Stabile, J.) The Superior Court decides whether a surety, who had notice of and an opportunity to participate in arbitration proceedings against its principal, is bound by an arbitration award rendered against the principal, and the […]
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