Why the Supreme Court was Right Last Week to Deny Review of the Pennsylvania Supreme Court Decisions Handed Down Prior to the 2020 Election

VIKRAM DAVID AMAR, JASON MAZZONE

Illinois Law dean Vikram David Amar and professor Jason Mazzone argue that the U.S. Supreme Court correctly denied review last week of the Pennsylvania Supreme Court decisions handed down before the 2020 election. Dean Amar and Professor Mazzone explain why the majority denied review and point out that the dissenting opinions unwittingly demonstrate the rightness of the majority.

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Cisneros Alvarez v. Altamed Health Services Corp.

Docket: B305155M(Second Appellate District)

Opinion Date: March 4, 2021

Judge: Stratton

Areas of Law: Arbitration & Mediation

The Court of Appeal reversed the trial court's order denying Altamed's motion to compel arbitration of respondent's claims. The court held that the arbitration agreement is valid where respondent knowingly waived her right to a jury trial and the signature of Altamed's CEO was not required on the arbitration agreement. The court also held that any unconscionability in the arbitration agreement does not provide grounds for revocation or non-enforcement. Rather, the provision giving rising to substantive unconscionability is severable. In this case, the second review provision appears entirely severable from the remainder of the agreement and removing it would remove the only instance of substantive unconscionability. Furthermore, the arbitration agreement contains a severability provision. Therefore, the court ordered the provision severed.

California v. Williams

Docket: D077174(Fourth Appellate District)

Opinion Date: March 4, 2021

Judge: Aaron

Areas of Law: Constitutional Law, Criminal Law, Legal Ethics

A trial court denied defendant-appellant Anthony Williams’s motion to substitute retained counsel for his appointed counsel. After the jury found Williams guilty of first degree murder, and found true a special allegation, the trial court sentenced him to life without the possibility of parole. On appeal, Williams claimed the trial court violated his constitutional right to counsel by denying his request to be represented by counsel of his choice and that this error requires reversal without regard to prejudice. To this, the Court of Appeal agreed, and reversed the trial court's judgment.