The conflict between the Federal Arbitration Act’s pre-eminence and a Pennsylvania citizen’s right to a jury trial was at the heart of much-anticipated arguments Tuesday before the Pennsylvania Supreme Court in Pittsburgh in a case set to determine how nursing home wrongful-death and survival lawsuits will proceed.
The FAA’s mandate that claims be arbitrated in accordance with executed arbitration agreements pre-empts any concerns about the negative effects of piecemeal litigation, Joel Fishbein argued on behalf of the defense in Taylor v. Extendicare.
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