Arbitration Clause Can't Bar Wrongful Death Suit: Pa. Court

Law360, Philadelphia (August 12, 2013, 5:17 PM EDT) -- The Pennsylvania Superior Court ruled in a case of first impression Monday that contracts with arbitration provisions inked by decedents cannot preclude heirs from bringing wrongful death suits, upholding a trial court’s decision not to push a suit against a nursing home into arbitration.

Appellant Extendicare Homes Inc. sought to put an early end to a wrongful death suit filing against it by claiming in preliminary objections that a contract stated all disputes would be resolved by arbitration. But the three-judge panel agreed with a Westmoreland...
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