IN THE SUPREME COURT OF PENNSYLVANIA
WESTERN DISTRICT
DANIEL E. TAYLOR AND WILLIAM : No. 161 WAL 2015
TAYLOR, AS CO-EXECUTORS OF THE :
ESTATE OF ANNA MARIE TAYLOR, :
DECEASED : Petition for Allowance of Appeal from
: the Order of the Superior Court
:
v. :
:
:
EXTENDICARE HEALTH FACILITIES, :
INC. D/B/A HAVENCREST NURSING :
CENTER; EXTENDICARE HOLDINGS, :
INC.; EXTENDICARE HEALTH FACILITY :
HOLDINGS, INC.; EXTENDICARE :
HEALTH SERVICES, INC.; :
EXTENDICARE REIT; EXTENDICARE, :
L.P.; EXTENDICARE, INC.; MON VALE :
NON ACUTE CARE SERVICE, INC. :
D/B/A THE RESIDENCE AT HILLTOP; :
MON-VALE HEALTH RESOURCES, INC; :
JEFFERSON HEALTH SERVICES, D/B/A :
JEFFERSON REGIONAL MEDICAL :
CENTER :
:
:
PETITION OF: EXTENDICARE HEALTH :
FACILITIES, INC., D/B/A HAVENCREST :
NURSING CENTER, EXTENDICARE :
HOLDINGS, INC., EXTENDICARE :
HEALTH FACILITY HOLDINGS, INC., :
EXTENDICARE HEALTH SERVICES, :
INC., EXTENDICARE REIT, :
EXTENDICARE, L.P. AND :
EXTENDICARE, INC. :
ORDER
PER CURIAM
AND NOW, this 23rd day of September, 2015, the Petition for Allowance of
Appeal is GRANTED. The issues, as stated by petitioner, are:
(1) Does the Superior Court’s decision, which refused to compel arbitration of
the arbitrable survival claim, violate the Federal Arbitration Act
requirement that arbitration agreements “shall be valid, irrevocable and
enforceable save upon grounds as exist at law or in equity for the
revocation of any contract?”
(2) Does the Superior Court’s conclusion that the Pennsylvania Rules of Civil
Procedure, Rule 213(e), require the consolidation of the otherwise
arbitrable survival action with the non-arbitrable wrongful death action on
grounds of efficiency violate the Federal Arbitration Act as it has been
interpreted by the United States Supreme Court which has consistently
ruled that arbitration is required when there is an agreement to arbitrate
even when compelling arbitration results in duplication and piecemeal
litigation?
[161 WAL 2015] - 2