Opinion

Stern v. Prudential Financial, Inc.

  • 2003 Pa. Super. 421
  • 836 A.2d 953
  • 2003 Pa. Super. LEXIS 4019
Court
Superior Court of Pennsylvania
Filed
Nov 12, 2003
Status
Published
Author
McEWEN
On the bench
Stevens, Klein, McEwen
Cited by
12 cases

concluding that a “remand is necessary to instruct” the lower court that "the proper method is not to dismiss the civil action but to stay it” and allowing the lower court to reconsider on remand the parties’ waiver issue in light of disputed facts in the record

How later courts described this case

  • concluding that a “remand is necessary to instruct” the lower court that "the proper method is not to dismiss the civil action but to stay it” and allowing the lower court to reconsider on remand the parties’ waiver issue in light of disputed facts in the record
  • applying rule of Borough of Nanty-Glo v. Am. - 11 - J-A03021-26 Surety Co. of N.Y., 163 A. 523 (Pa. 1932) to the resolution of fact questions on preliminary objections
  • when referring matter to arbitration, trial judge must stay civil action until arbitration is completed
  • "[W]hen referring a matter to arbitration, the trial judge is not to dismiss the case but is to stay the civil action until the arbitration is completed.”

Written by the judges who cited it.

The opinion

DISSENTING STATEMENT BY

McEWEN, P.J.E.:

¶ 1 While my colleagues of the majority have provided a careful rationale for and a perceptive expression of their position, I am unable to join that position for I would find that appellant David Stern, an attorney, failed to offer sufficient credible evidence to establish the existence of a material issue of fact as to whether the standard industry wide arbitration clause had been amended. I would, therefore, affirm the order of the distinguished Judge Albert W. Sheppard, Jr., which directed the parties to proceed to arbitration.

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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