Taylor v. Extendicare Health Facilities, Inc.

Summary

This is a dissenting opinion by Justice Donohue in the Pennsylvania Supreme Court case concerning whether the Federal Arbitration Act preempts Pennsylvania’s requirement that wrongful-death and survival actions be consolidated. The dissent argues that consolidation is a substantive condition of the statutory wrongful-death cause of action and that severance would impermissibly deprive wrongful-death beneficiaries of their statutory and constitutional rights. Justice Todd joined the dissent.

Holdings

1. The dissent would hold that the FAA does not and cannot preempt Rule 213(e), because the consolidation requirement is substantive and is a condition of maintaining the statutory wrongful-death cause of action rather than merely a procedural rule favoring judicial efficiency.
2. The dissent would hold that severance would unconstitutionally deprive the wrongful-death beneficiaries of a protected property interest by preventing them from maintaining their statutory cause of action.
3. Even if Rule 213(e) were preempted, the dissent would require the wrongful-death and survival claims to remain consolidated because the consolidation requirement would remain in 42 Pa.C.S.A. § 8301.

Questions Presented

1. Whether the Federal Arbitration Act preempts Pennsylvania Rule of Civil Procedure 213(e) and the consolidation requirement embodied in the Pennsylvania Wrongful Death Act.
2. Whether severing the wrongful-death action from the survival action would unlawfully deprive wrongful-death beneficiaries of their statutorily created cause of action.
3. Alternatively, whether the wrongful-death and survival claims should remain consolidated even if Rule 213(e) is preempted.

Disposition

other