Moon v. Breathless, Inc., ___ F.3d ___ (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 N.J. 430 (2014) (discussed here), New Jersey law has been clear that contractual arbitration clauses must explicitly state that a party is waiving a jury trial as to statutory claims in order to be effective when that party
Aug
17
Plaintiff is Over the Moon, as the Third Circuit Applies New Jersey’s Arbitration Cases to Defeat Defendant’s Demand for Arbitration
Posted by Bruce D. Greenberg on Aug 17, 2017 in Contract interpretation, Effect of decisions by other courts, Judges, Practice Pointers, Summary judgment, Third Circuit Court of Appeals | 0 comments
Aug
15
In re Howmedica Osteonics Corp., ___ F.3d ___ (3d Cir. 2017). Today’s opinion by Judge Krause contains a little bit of a lot of things: in no particular order, waiver, forum selection clauses, section 1404 transfer law, necessary party law, personal jurisdiction, mandamus, appellate jurisdiction to grant mandamus, and the standard of review for mandamus cases, severance, and the proper application of Atlantic Marine Construction Co. v. U.S. District Court, 134 S.
Aug
15
The Judicial Conference Advisory Committee is seeking comments on proposed changes to the Federal Rules of Appellate Procedure (as well as proposed changes to other sets of federal rules). The details are here.
The Federal Rules of Appellate Procedure that are proposed to be amended are Rules 3, 13, 26,1, 28, and 32. The amendments appear to be relatively uncontroversial.
The proposed amendments to Rules 3 and 13 alter those rules to dele
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