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The courts are established by Article V, Section 5 of the Pennsylvania Constitution: There shall be one court of common pleas for each judicial district (a) having such divisions and consisting of such number of judges as shall be provided by law, one of whom shall be the president judge; and (b) having unlimited original jurisdiction in all ...
The Commonwealth Court also functions as a trial court in some civil actions by or against the Commonwealth government and cases regarding statewide elections. (42 Pa.C.S. §§ 761–764). Article V, section 4 of the 1968 Pennsylvania Constitution created the Commonwealth Court. Acts enacted in 1970 set up the court.
Bragg v. Linden Research, Inc., 487 F. Supp. 2d 593 (E.D. Pa. 2007), was a ruling at the United States District Court for the Eastern District of Pennsylvania.The case resulted in an important early ruling on the enforceability of an online End User License Agreement (EULA) under American contract law, though it did not ultimately gain influence as a precedent.
The Commonwealth Court of Pennsylvania is one of two Pennsylvania intermediate appellate courts. The jurisdiction of the nine-judge Commonwealth Court is limited to appeals from final orders of certain state agencies and certain designated cases from the courts of common pleas involving public sector legal questions and government regulation.
The judge continued that "the District Court recognized… the distinction our Court has drawn between arbitration clauses in individual contracts… and arbitration clauses in [collective bargaining agreement]s." The former, he wrote, was "governed by a line of Supreme Court cases represented by Gilmer v. Interstate/Johnson Lane Corp.."
Arbitration, in the context of the law of the United States, is a form of alternative dispute resolution.Specifically, arbitration is an alternative to litigation through which the parties to a dispute agree to submit their respective evidence and legal arguments to a third party (i.e., the arbitrator) for resolution.
Doctor's Associates, Inc. v. Casarotto, 517 U.S. 681 (1996): Montana law requiring disclosure of arbitration clauses to be "typed in underlined capital letters on the first page of the contract" preempted by FAA; [1] however, upheld authority of courts to refuse to enforce arbitration clauses on grounds of "generally applicable contract ...
"The FAA has become a substantive rule of a federal common law applied in virtually all settings and levels of the state and federal systems", he says. [25] Richard Reuben of Missouri law school, a longtime critic of mandatory arbitration, calls Prima Paint's adoption of the separability doctrine "a perhaps unparalleled display of judicial ...