The Supreme Court announced that it has granted review in four more cases. Three of them involve grants of certification. In the fourth appeal, the Court accepted a certified question as posed by the Third Circuit Court of Appeals. The certified question case is Bank Leumi USA v. Kloss. The question certified by the Third Circuit and accepted by the Supreme Court is “When a party filed, in lieu of an answer, a motion to dismiss under Rule 4:6-2(e) for failure to state a claim, and the court dismissed with prejudice, is that party subject to claim preclusion when—in a later suit that it...

The Supreme Court usually adds new appeals in relatively small groups. But its latest tranche of grants of review consists of eight new cases, implicating numerous different area of the law. Arafa v. Health Express Corporation is one of two arbitration cases that the Court will take up. The question presented, as phrased by the Supreme Court Clerk’s office, is “If the plaintiffs are exempt from the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1-16, are the parties’ arbitration agreements unenforceable, or can the New Jersey Arbitration Act, N.J.S.A. 2A:23B-1 to -32, apply in place...

Yesterday’s post noted that the Third Circuit has published a number of opinions in recent days. Here are summaries of some more of those opinions, all of which emanate from the District of New Jersey: In re Remicade (Direct Purchaser) Antitrust Litig., 938 F.3d 515 (3d Cir. 2019). This appeal, in an antitrust action, centered on whether plaintiffs were required by contract to arbitrate the antitrust claims instead of litigating them in court. The parties had agreed to arbitrate all claims “arising out of or relating to” a distribution contract between them....