Opinion

Trombetta v. Raymond James Financial Services, Inc.

  • 2006 Pa. Super. 229
  • 907 A.2d 550
  • 2006 Pa. Super. LEXIS 2212
Court
Superior Court of Pennsylvania
Filed
Aug 22, 2006
Status
Published
Author
Johnson
On the bench
Johnson, Sole, Tamilia
Cited by
73 cases

concluding that section 10 of the FAA did not preempt the provision for vacating or modifying an award contained in Pennsylvania’s arbitration act

How later courts described this case

  • concluding that section 10 of the FAA did not preempt the provision for vacating or modifying an award contained in Pennsylvania’s arbitration act
  • stating that the Federal Arbitration Act “does not reflect a Congressional intent to occupy the entire field of arbitration”
  • holding that independent agreements thrown together without consideration of their combined effects”
  • holding that a contract may only be modified with the assent of both parties

Written by the judges who cited it.

The opinion

CONCURRING STATEMENT BY

JOHNSON, J.:

¶ 1 The Opinion by my most-distinguished colleague, Judge Tamilia, is carefully reasoned and most persuasive. However, I join only so much of the Opinion as sets forth the facts, at opinion pages 554-557, and the unassailable Section III, appearing at pages 569 through 576 of the Opinion.

¶ 2 The Appellants have raised a single issue:

Is an agreement between parties that disputes between them will be resolved by arbitration and that, in the event of certain decisions of the arbitrators, either party is entitled to seek a de novo review by a court of the transcripts and exhibits of the arbitration hearing enforceable?

Brief for Appellants at 5. In the trial court, the Honorable R. Stanton Wettick, Jr., answered this question in the negative. The majority of this panel has done the same. I agree wholeheartedly both with Judge Wettick and Judge Tamilia on this narrow question.

¶ 8 The first two issues addressed by the majority, at pages 557 through 571 of the Opinion, involve important and sometimes complex considerations. Nevertheless, I am unable to agree that the resolution of either of these two issues is necessary in disposing of the sole question brought by the Appellants. Accordingly, I must de- *578 dine to join in that portion of the Majority’s excellent Opinion, since I believe that the issues considered under Sections I and II of the Opinion will be more appropriately addressed when the issues found therein are placed squarely before this or another Court in the future.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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