Skip to main content

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-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-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 […]

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. […]