The state Supreme Court has agreed to take up the issue of whether wrongful-death and survival actions need to be bifurcated so one claim can be arbitrated while the other goes to a jury trial.
The justices granted allocatur on Sept. 23 in Taylor v. Extendicare. The two-page per curiam order said arguments are to focus on whether the Superior Court’s holding that the claims did not need to be bifurcated violated the Federal Arbitration Act, and whether the ruling went against U.S. Supreme Court precedent indicating that arbitration is required when there is an agreement to arbitrate.
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