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 […]

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. […]

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 […]

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 […]

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 […]

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 […]

Abdurahman v. Prospect CCMC LLC, 2022 U.S. App. LEXIS 20823 (3rd Cir. July 28, 2022) (Matey, C.J.)  A company cannot benefit by an employment arbitration agreement based upon agency principles and equitable estoppel.  Arbitration can only be asserted by the company with whom the employee signed the agreement.  Pennsylvania laws apply to the threshold questions.  […]

Fineman v. Perr, 2022 Pa. Super. LEXIS 290 (June 30, 2022) (Stabile, J.)  This case deals with arbitration on the former attorney employee and when the breach of an agreement is subject to arbitration with respect to the employment period.  The court affirmed the trial court’s order insofar as it denied application to compel arbitration […]

Kohlman v. Grane Healthcare, 2022 Pa. Super. LEXIS 296 (July 5, 2022) (Colins, J.)  Highland Park appealed from order of Court of Common Pleas of Allegheny County overruling their POs that sought to compel arbitration of claims asserted against them by Kohlman, administratrix of the estate of Vincent.  The Superior Court affirmed.  The decedent signed […]