An arbitration clause is “substantively unconscionable” and therefore unenforceable under Pennsylvania law if it puts a plaintiff at a “distinct disadvantage” by restricting discovery depositions to expert witnesses, a Pennsylvania federal judge has ruled.

In his 16-page opinion in Ostroff v. Alterra Healthcare Corp., Senior U.S. District Judge Jan E. DuBois refused to compel arbitration in a personal injury suit against a Bucks County, Pa., assisted-living center brought by an 87-year-old woman who claims she was knocked to the ground by an attendant who failed to knock before opening a door.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]