Document Category:      Appellate Decisions


State:                                    Pennsylvania


Document title:                Taylor v. Extendicare Health Facilities, Inc.


Comment:                          Readers may remember the Pisano decision which required the arbitration of wrongful death matters because, the theory goes, the wrongful death beneficiaries did not agree to arbitrate their dispute which, again, the theory goes, is not derivative of the decedent’s claim.  In Pennsylvania, the survival claim is the decedent’s claim and there is no question but that the decedent’s claim is subject to the arbitration agreement if an enforceable agreement was signed at the time of admission.  Nonetheless, the Pennsylvania trial and intermediate appellate court held that the survival claim was required to be litigated in court and not arbitrated because of a state rule of procedure that requires consolidation of the wrongful death and survival claims.  Our argument in the Supreme Court of Pennsylvania was that the FAA preempts the application of the state rule of procedure.  The Supreme Court agreed and reversed bringing the law in the Pennsylvania state courts in line with the decisions out of the federal courts sitting in Pennsylvania which had uniformly held that the FAA trumped the procedural rule and required arbitration of the survival claim.


Document Author:          Joel I. Fishbein

Firm:                                      Litchfield Cavo, LLP

Document Date:               September 28, 2016

Search tags:                        FAA, arbitration, bifurcate, wrongful death, survival


Also attached is coverage of the decision in Philadelphia’s daily legal newspaper.


Joel I. Fishbein

Litchfield Cavo LLP
1515 Market Street | Suite 1220

Philadelphia, Pennsylvania 19102-1903

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215.557.0111 (main)

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Author: Joel Fishbein from Litchfield Cavo