Exempt Case from Compulsory Arbitration - Punitive Damages

[kyle1943]

What is the name of your state (only U.S. law)? Pennsylvania

In this case, punitive damages are obviously an appropriate remedy (intentional assault/battery of an extreme malicious/outrageous nature). I have been informed by numerous attorneys I have consulted with on the phone that the punitive damages are appropriate in this case.

The Court of Common Pleas in this county has a compulsory arbitration system which CANNOT award punitive damages (listed in local rules):

All civil cases, except those involving title to real estate or actions in equity, wherein the amount in controversy (exclusive of interest and costs) is $30,000 or less, shall be heard and decided by a board of arbitration consisting of three members of the bar. The prothonotary shall, at the time the complaint is filed, assign a trial judge.

Arbitrators may not award punitive damages.

Can I file a motion to exempt the case from arbitration due to the punitive damage claims? If so, what would my statutory authority / case law citation be for the grounds of the motion? I did speak to an attorney on the phone briefly about this and he stated that I should just state in the complaint that the amount I am seeking is in excess of $30,000. If the case should be placed in the mandatory arbitration docket, it seems like a large waste for me, since I first will have to do the compulsory arbitration, appeal it, then have it placed in the real court docket.

Furthermore, discovery is necessary in this case to determine the identity of another party involved. Discovery in the compulsory arbitration program is limited to vanilla interrogatories provided by the court which do not cover what I need to ask the defendant in this case. Thus, there are a variety of reasons why the case is not appropriate for the arbitration program: punitive damages sought (and appropriate) and the complex nature of the case requiring the use of custom interrogatories.

What statutory authority or case law would I cite in my motion to exempt the case from arbitration (should the case be referred to arbitration)? The case has not actually be placed in it yet, but I want to be proactive.

 

[Mark Maroon]

What is the name of your state (only U.S. law)? Pennsylvania
Can I file a motion to exempt the case from arbitration due to the punitive damage claims? If so, what would my statutory authority / case law citation be for the grounds of the motion? I did speak to an attorney on the phone briefly about this and he stated that I should just state in the complaint that the amount I am seeking is in excess of $30,000. If the case should be placed in the mandatory arbitration docket, it seems like a large waste for me, since I first will have to do the compulsory arbitration, appeal it, then have it placed in the real court docket.

Furthermore, discovery is necessary in this case to determine the identity of another party involved. Discovery in the compulsory arbitration program is limited to vanilla interrogatories provided by the court which do not cover what I need to ask the defendant in this case. Thus, there are a variety of reasons why the case is not appropriate for the arbitration program: punitive damages sought (and appropriate) and the complex nature of the case requiring the use of custom interrogatories.

If you have a case in which damages are over $30,000.00, then you should get an attorney.

The discovery in arbitration cases is not limited to vanilla interrogatories provided by the court.

You might want to reconsider the pros and cons of filing in arbitration first, and then if needed appealing (for a small fee) for a trial before a judge or jury.

But if you insist on alleging more than $30,000.00 in damages, then you should not file your case in arbitration.

 

[kyle1943]

The discovery in arbitration cases is not limited to vanilla interrogatories provided by the court.

While I would like to agree with you on this, unfortunately, the local rules state the following:

RULE W1301.1 DISCOVERY IN ARBITRATION PROCEEDINGS
(a) A party to compulsory arbitration proceedings shall be limited, prior to the arbitration
hearing, to the discovery hereinafter set forth, unless additional discovery is deemed
necessary by counsel and is permitted by the court upon cause shown.
(b) Depositions may be taken only in the following instances:
(1) Where the party or person to be examined is
(i) aged or infirm, or
(ii) about to leave this county for a place outside the Commonwealth or
a place more than one hundred miles from the Westmoreland County
Courthouse, or
(2) Upon other good cause shown.
(c) Discovery must be completed no later than 10 days prior to the arbitration hearing.
Failure to complete discovery within this period shall be deemed a waiver of discovery
prior to the hearing. Responses shall be made within the periods prescribed by the
Pennsylvania Rules of Civil Procedure.
(d) Discovery to any party shall be limited to the following, applicable fourteen
interrogatories and requests for production of documents.

I wish you were correct in this regard, as I have many things I need to discover. Unfortunately, I may need to ultimately just be forced to go through arbitration, appeal it, then continue to real court with real discovery. It's ashame that in cases like this there aren't procedures to exempt the case from arbitration. I will take the attorneys advice and allege over $30,000 of damages.

 

[Mark Maroon]

While I would like to agree with you on this, unfortunately, the local rules state the following:
<snip>
I wish you were correct in this regard, as I have many things I need to discover. Unfortunately, I may need to ultimately just be forced to go through arbitration, appeal it, then continue to real court with real discovery. It's ashame that in cases like this there aren't procedures to exempt the case from arbitration. I will take the attorneys advice and allege over $30,000 of damages.

I am correct in this regard. Ask a local attorney familiar with discovery in arbitration cases. Of course they can always object, to which you can always file a motion to compel. Then the judge will decide what discovery seems reasonable.