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Arbitration and Local Rule 200 and Corporations

and Limited Liability Companies

          In most jurisdictions, there are local rules that assist in the administration of litigation, which may differ from one county to another, In Allegheny County, which is the County for Pittsburgh Pennsylvania and the surrounding area, Local Rule 200 allows Corporations, partnerships, LLCs, and unincorporated associations to be represented by “an officer or by a partner” in the following actions:

A civil action brought in or appealed to this Court in which the relief sought is monetary damages which do not exceed the jurisdictional limit for an action before an MDJ.

An appeal from a judgment entered in an MDJ Court in an action for the recovery of the possession of real property. (See Local Rule 200, Anna has the Local Rules in her office.)

If an appeal, is brought before an Arbitration panel, the case may be heard, subject to certain limitations relating to entities, such as corporations or Limited liability companies.

Despite the 2017 case of  Nicholson Builder, LLC v. Jablonski, 163 A. 3d 1048 (Pa. Super. Ct. 2017), indicating that LLCs were required to be represented by attorneys in all circumstances, Local Rule 200  because of the 2021 Supreme Court case rendering the Nicholson  holding ineffective. See Bisher v. Lehigh Valley Health Network, Inc. et. al, 265 A.3d 383 (Pa. 2021).

See also, the Honorable Patrick Connelly’s opinion in  AHRCO-III Rivers Manor v. Chante Holmes, LT 21-170 (June 28, 2022,) where Judge Connelly wrote:

Our High Court held that the unauthorized practice of law (on behalf of an estate) did not raise questions of the trial court’s jurisdiction, but that the trial court, in its discretion, could allow the parties to cure deficient pleadings. Bisher v. Lehigh Valley Health Network, Inc. et. al, 265 A.3d 383, 405-407 (Pa. 2021). The ruling thus departed from a prior understanding that filings on behalf of a corporate entity represented “pro se” by an officer or employee were void ab initio and did deprive the trial court of jurisdiction.  See e.g. Nicholson 163 A. 3d 1048, 1057. AHRCO-III Rivers Manor, v. Holmes, pp. 4, 5.

Local R. 200 nevertheless requires the corporation/partnership/LLC to be represented by an Officer or Partner.  Accordingly, if a nonofficer, nonowner, non-partner property manager or maintenance person appears at an arbitration on behalf of the entity is NOT an attorney, that person could not present evidence, but the arbitration can go forward.

Can the panel hear the case? Yes. However, the Landlord may be precluded from presenting evidence, but the case can proceed. The tenant may present evidence.