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 […]
Tag: Arbitration
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 […]
ARBITRATION-PARTNERSHIPS
MBC Dev., LP v. Miller, 2022 Pa. Super. LEXIS 350 (August 12, 2022) (Colins, J.) This case involved an arbitration agreement in connection with a limited partnership. The court found that the arbitration agreement must be respected. Reference to the court as an adjudicator in the statute does not require that only a court can […]
ARBITRATION-UNCONSCIONABILITY-PHARMACIES
Robert D. Mabe, Inc. v. OptumRX, 2022 U.S. App. LEXIS 21547 (3rd Cir. August 4, 2022) (Smith, C.J.) Over 400 pharmacies joined forces in a lawsuit against OptumRX (Optum), a pharmacy benefits manager, alleging breaches of contract and breaches of duties of good faith and fair dealing, together with violations of certain state statutes. Pointing […]
ARBITRATION-FRAUD
France v. Bernstein, 2022 U.S. App. LEXIS 21945 (3rd Cir. August 9, 2022) (Jordan, C.J.) Courts will disturb an arbitration award only in limited circumstances, but those circumstances do occasionally arise. Under the Federal Arbitration Act (“FAA”), a court may, for example, vacate an award that was procured by fraud, and fraud is exactly what […]
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