A string of Pennsylvania Superior Court decisions have drifted away from nearly automatic application of arbitration agreements in nursing home litigation, but a state Supreme Court decision may change that, according to at least one attorney who practices in the long-term care litigation arena.
In a split decision authored by Justice David N. Wecht in Taylor v. Extendicare, the Supreme Court determined that a state rule mandating that wrongful death and survival actions be consolidated for trial was pre-empted by the Federal Arbitration Act. With the court split 4-2, the decision reversed a Superior Court ruling, and remanded the case back to the trial court to determine whether the arbitration agreement is enforceable.
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