Subject Matter: Pa Superior Court refuses to enforce Arbitration Agreement where claims are asserted under both Survival and Wrongful Death Acts
Subject: Pa Superior Court refuses to enforce Arbitration Agreement where claims are asserted under both Survival and Wrongful Death Acts
Attached is a recent opinion from the Pa Superior Court. Unfortunately, it undermines enforcement of arbitration agreements in the Commonwealth. The case is Taylor v Extendicare. I have attached a copy of the opinion. In short, the court held that where a complaint has both wrongful death and survival claims, and the wrongful death beneficiaries have not consented to arbitration, Pennsylvaniaâ€™s interest in judicial efficiency compels that both cases be tried in court. There are several issues that would support review by the Pa Supreme Court. They are discussed below. But first, it is important to understand the backdrop for this decision.
The opinion picks up where the earlier Superior Court decision in Pisano v Extendicare Homes, Inc. left off, so it is worth revisiting that case to put the Taylor opinion in perspective.
Firm/Company: Burns White
Document Date: February 25, 2020
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