Arbitration

To Resolve an Arbitrability Dispute, Cut the Complaint in Two, the Appellate Division Says

Greenbriar Oceanaire Community Ass'n, Inc. v. U.S. Home Corp., 452 N.J. Super. 340 (App. Div. 2017). [Disclosure: I represent U.S. Home, though not in this case]. In today's decision in...

Plaintiff is Over the Moon, as the Third Circuit Applies New Jersey's Arbitration Cases to Defeat Defendant's Demand for Arbitration

Moon v. Breathless, Inc., 868 F.3d 209 (3d Cir. 2017). At least since 2014, when the Supreme Court of New Jersey decided Atalese v. U.S. Legal Servs. Grp., L.P., 219...

Literal Reading of Police and Fire Public Interest Arbitration Reform Act on Applicability of Cap on Arbitration Awards Would Yield Absurd Results, so the Appellate Division Rejects That Outcome

In re State of New Jersey and Fraternal Order of Police Lodge 91, 450 N.J. Super. 286 (App. Div. 2017). In her opinion for the Appellate Division today, Judge Reisner...

Terms of Use Not to Disclosed to Consumers, on a Website That They Never Visited, Do Not Require Them to Take Grievances to Arbitration

James v. Global Tellink Corp., 852 F.3d 262 (3d Cir. 2017). In this putative class action, plaintiffs were inmates at New Jersey correctional facilities. They signed up with defendants for...

The Third Circuit Clarifies the Standard for Determining Whether Parties Have Agreed to Arbitrate

Aliments Krispy Kernels, Inc. v. Nichols Farms, 851 F.3d 283 (3d Cir. 2017). The bottom line of this opinion by Judge Fuentes was the reversal of a judgment of the...

Failure to Pay Arbitration Fees Breaches Agreement That Requires Arbitration

Roach v. BM Motoring, LLC, 228 N.J. 163 (2017). Plaintiffs bought used cars from defendants. In connection with those purchases, plaintiffs signed Dispute Resolution Agreements ("DRA's") that required any disputes...

Jury Waiver and Fee Award to Defendant in CEPA Case Are Overturned

Noren v. Heartland Payment Systems, Inc., 448 N.J. Super. 486 (App. Div. 2017). In Abbamont v. Piscataway Tp. Bd. of Educ., 238 N.J. Super. 603 (App. Div. 1990), aff'd, 138...

Another Failed Effort to Compel Arbitration

Midland Funding, LLC v. Bordeaux, 447 N.J. Super. 330 (App. Div. 2016). This was a small claims case in which plaintiff sought to collect a consumer debt as to which...

Certain Frivolous Litigation Sanctions are Reversed, But One Such Sanction is Affirmed

Tagayun v. AmeriChoice of New Jersey, Inc., 446 N.J. Super. 570 (App. Div. 2016). As Judge Higbee noted in her opinion for the Appellate Division today, Rule 1:4-8 or N.J.S.A....

No Waiver of Arbitration Clause Even After Years of Litigation, Because Arbitration Demand, Pre-AT&T v. Concepcion, Would Have Been Futile

Chassen v. Fidelity Nat'l Financial, Inc., 836 F.3d 291 (3d Cir. 2016). [Disclosure: I was an expert witness for plaintiffs in this case, but my Declaration and deposition testimony was...

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