MZM Construction Co., Inc. v. New Jersey Building Laborers Statewide Benefit Funds, ___ F.3d ___ (3d Cir. 2020). Decisions about arbitration just keep on coming, from both New Jersey and federal courts. This latest opinion, by Judge Restrepo, addresses what he called (quoting a law review article) “‘the queen of all threshold issues’ in arbitration law”: who decides ‘whether an agreement exists, when the putative agreement includes an arbitration provision empowering an arbitrator to decide whether an agreement exists?” Judge Restrepo rightly referred to...

Hargrove v. Sleepy’s Inc., ___ F.3d ___ (3d Cir. 2020). Readers of this blog know of my distaste (to say the least) for the Third Circuit’s unique interpretation of the idea that a class must be ascertainable in order to be certified. That issue has been discussed, among other places, here, here and here. The Third Circuit has been gradually trimming back its view of ascertainability, and other Circuits, as well as New Jersey’s Appellate Division, have rejected the Third Circuit’s broad view. Yesterday, the Third Circuit took another positive step, holding by a 2-1...

At this time of the year, our Supreme Court and Appellate Division go relatively quiet. But the Third Circuit often reaches a peak. Today, for example, that court issued five published opinions. Here are summaries: Association of New Jersey Rifle and Pistol Clubs, Inc. v. Attorney General of New Jersey, ___ F.3d ___ (3d Cir. 2020). In this appeal, the court was “asked to determine whether a New Jersey statute that makes it illegal to possess large capacity magazines (“LCMs”)– defined as magazines capable of holding more than ten rounds of ammunition– violates...