It's Gotta Be The Lawsuit: Motion To Compel Arbitration Filed by Defendant Denied After Defendant Participated Extensively in Litigation Process

In the case of Mansur v. Wendy’s, No. 240302951 (C.P. Phila. Co. July 28, 2026 Cohen, J.), the trial court issued a Rule 1925 Opinion outlining the reasons why its Order denying the Defendant’s Motion to Compel Arbitration should be affirmed by the Superior Court.

According to the Opinion, this wrongful death and survival action arose out of the fatal assault of the Plaintiff while working at a Wendy’s Restaurant. The assailant was a former co-employee.

After the Plaintiff’s estate filed suit, the Defendants participated extensively in the pleadings and in discovery efforts. Thereafter, sixteen (16) months into the litigation, the Defendants filed a Motion to Compel Arbitration.

After reviewing the record before it, the trial court denied the Motion, holding that the Defendant had waived its right to Arbitration by actively participating in the litigation proceedings. In this Rule 1925 Opinion, the trial court was requesting the Superior Court to affirm that decision.

Anyone wishing to review a copy of this decision may click this LINK.


Source: The Legal Intelligencer Weekly Case Alert, www.Law.com (Oct. 8, 2026).