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 […]

Viking River Cruises, Inc. v. Moriana, 2022 U.S. LEXIS 2940 (June 15, 2022) (Alito, J.) We granted certiorari in this case to decide whether the Federal Arbitration Act (FAA), 9 U. S. C. §1 et seq., preempts a rule of California law that invalidates contractual waivers of the right to assert representative claims under California’s […]

ZF Auto. US, Inc. v. Luxshare, Ltd., 2022 U.S. LEXIS 2861 (S. Ct. June 13, 2022) (Barrett, J.)  Congress has long allowed federal courts to assist foreign or international adjudicative bodies in evidence gathering. The current statute, 28 U. S. C. §1782, permits district courts to order testimony or the production of evidence “for use […]

Southwest Airlines Co. v. Saxon, 2022 U.S. LEXIS 2815 (June 6, 2022) (Thomas, J.)  JUSTICE THOMAS delivered the opinion of the Court. Latrice Saxon works for Southwest Airlines as a ramp supervisor. Her work frequently requires her to load and unload baggage, airmail, and commercial cargo on and off airplanes that travel across the country. […]

Adams v. Mt. Leb. Operations, LLC, 2022 Pa. Super. LEXIS 236 (May 27, 2022) (Murray, J.) For an arbitration agreement between a nursing facility and a resident’s purported power of attorney agent to be valid, there must be an agency relationship between the resident/principal and the POA agent.  The nursing home has the duty to […]