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  • Bauguess Elec. Servs. Inc. v. Hospitality Builders, Inc.

    Publication Date: 2020-03-09
    Practice Area: Dispute Resolution
    Industry: Construction
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Joyner
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0253

    Rejecting plaintiff's claim that §14 of the Pennsylvania Contractor and Subcontractor Payment Act required arbitration here in Pennsylvania, the court enforced the specific language of the parties' subcontractor agreement and directed that this matter be arbitrated in South Dakota. The court granted a motion to compel arbitration.

  • Kohlman v. Grane Healthcare Co.

    Publication Date: 2020-02-24
    Practice Area: Dispute Resolution
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Musmanno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0197

    Defendant nursing home appealed trial court's refusal to compel arbitration in plaintiff's negligence, survival, and wrongful death action over her mother's death at nursing home and court found trial court properly refused to compel arbitration in the wrongful death action and record was not sufficiently developed to address plaintiff's contract law unconscionability defense. Affirmed in part, reversed in part and remanded.

  • Kamenosh v. Uber Tech., Inc.

    Publication Date: 2020-02-24
    Practice Area: Dispute Resolution | Personal Injury
    Industry: Transportation
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Fletman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0115

    The court declined to compel arbitration where there was no meeting of minds at the time plaintiff originally registered for an account, and defendants failed to demonstrate plaintiff actually received notice of a subsequent change in terms.

  • Traver v. Reliant Senior Care Holdings, Inc.

    Publication Date: 2020-02-17
    Practice Area: Dispute Resolution
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Musmanno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0167

    Nursing home defendants appealed trial court's finding that arbitration agreement was unenforceable in administratrix' action over her husband's death in nursing home and court found defendants failed to establish that plaintiff had legal authority to execute the arbitration agreement on decedent's behalf. Affirmed.

  • 2303 Bainbridge LLC v. Steel River Building Sys., Inc.

    Publication Date: 2019-11-25
    Practice Area: Civil Procedure | Dispute Resolution
    Industry: Construction
    Court: Courts of Common Pleas, Montgomery County
    Judge: Judge Saltz
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1343

    Under a straightforward application of §42 Pa.C.S. §7319, the only proper venue for plaintiff's petitions challenging the decisions of an arbitrator was Philadelphia County, where the arbitration hearings were held. The court recommended affirmance of its order transferring this case.

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  • Bucklaw v. Toll Brothers, Inc. et al

    Publication Date: 2019-09-30
    Practice Area: Dispute Resolution
    Industry: Construction
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge New
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1104

    The defendant builders could not hold plaintiffs, subsequent homebuyers, to the arbitration clause in defendants' sales agreements with the original homebuyers as there was no evidence of plaintiffs' written assent to arbitration or any other commitment to the defendant builders. The court recommended affirmance of its order denying defendants' motion to compel arbitration.

  • Singh v. Uber Tech., Inc.

    Publication Date: 2019-09-23
    Practice Area: Dispute Resolution
    Industry: Transportation
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Greenaway
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1124

    District court erred in granting car ride service's motion to compel arbitration in driver's putative class action asserting drivers were misclassified as independent contractors because the residual clause of §1 of the Federal Arbitration Act was not limited to transportation workers who transported goods but also could be applied to those who transported passengers. Vacated and remanded.

  • TTSP Corp. v. The Rose Corp.

    Publication Date: 2019-09-16
    Practice Area: Dispute Resolution
    Industry: Manufacturing
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1078

    Trial court abused its discretion in overruling buyer's preliminary objections to seller's complaint and erred in failing to transfer the parties' PPA dispute to an independent accountant because trial court erroneously decided an issue of procedural arbitrability and invaded the province of the arbitrator. Reversed.

  • Miles v. FOP Lodge No. 5

    Publication Date: 2019-09-16
    Practice Area: Dispute Resolution
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1095

    Plaintiff employee had standing to pursue an appeal from an unfavorable arbitration decision following a grievance filed by her union where the union withdrew its appearance and did not participate in any legal decisions in the arbitration due to a perceived conflict of interest with plaintiff. The court of common pleas vacated and remanded.

  • Porter v. Toll Brothers, Inc.

    Publication Date: 2019-09-09
    Practice Area: Dispute Resolution
    Industry: Construction
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1061

    Trial courts properly denied appellant builder's petition to compel arbitration in subsequent homeowners' actions for construction defects, unfair trade practices, negligent misrepresentation, fraud and negligence because the plain language of the warranty required a subsequent owner to execute a specific acknowledgement and assignment form, none of the subsequent homeowners had done so and there was no valid agreement compelling them to arbitrate. Affirmed.