Supreme Court of Pennsylvania

MBC Development, LP, Aplts. v. Miller, J.

May 31, 2024

Summary

Justice Wecht dissents, arguing that the Federal Arbitration Act (FAA) preempts the Pennsylvania Uniform Limited Partnership Act’s (PULPA) requirement for court review of a special‑litigation‑committee recommendation, and that the majority erred by refusing to apply the Supremacy Clause. He contends the FAA argument was not waived and that federal law mandates affirming the lower court’s order.