Oxford Health Plans LLC v. Sutter, 133 S.Ct. 2064 (2013). In Sutter v. Oxford Health Plans, LLC, 675 F.3d 215 (3d Cir. 2012), discussed here, the Third Circuit upheld an arbitrator's interpretation...
Wolf v. Galex, 2013 N.J. Super. Unpub. LEXIS 1053 (App. Div. May 6, 2013). [Dislosure: I am co-counsel for Mr. Wolf in this matter, and I argued this appeal before the Appellate...
Vega v. 21st Century Ins. Co., 430 N.J. Super. 18 (App. Div. 2013). More and more, courts are rejecting formalisms and looking to the realities of a situation. This opinion by Judge...
Freeman v. Pittsburgh Glass Works, LLC, 709 F.3d 240 (3d Cir. 2013). This appeal involved plaintiff's assertion that an arbitration award should be vacated because the arbitrator was biased. The district court rejected that...
Normally, when the Appellate Division perceives that a purported appeal as of right, which must be from a final judgment, is in fact an interlocutory appeal from a non-final judgment,...
In re City of Camden and International Ass'n of Firefighters, Local 788, 429 N.J. Super. 309 (App. Div. 2013). For over ten years, the City of Camden has been in such dire...
Today, while I was waiting to argue an appeal in the Appellate Division, an argument before mine illustrated the idea that sometimes it is the right move to concede that...
The Supreme Court of the United States has granted certiorari to review the decision of the Third Circuit Court of Appeals in Sutter v. Oxford Health Plans, 675 F.3d 215...
Badiali v. New Jersey Manufacturers Ins. Group., 429 N.J. Super. 121 (App. Div. 2012). As Judge Fisher noted at the start of his opinion, the Appellate Division previously ruled, in a case...
Nitro-Lift Technologies, LLC v. Howard, 133 S.Ct. 500 (2012). In a line of cases that includes Prima Paint Corp. v. Flood & Conklin Mfg. Co., 388 U.S. 395 (1967), and Buckeye Check...