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 District Court vacating an arbitration award that had been issued in favor of plaintiff.  Plaintiff had moved to confirm that arbitration award and defendant had sought to have that award vacated.  Judge Fuentes concluded that “an issue of material facts exists as to whether the parties agreed t

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 a service that would allow plaintiffs to telephone loved ones, attorneys, and others outside of the prisons. One plaintiff signed up via defendants’ website, while the others did so through an automated telephone service that used scripts and prompts.  Those who signed up by phone were

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 to be arbitrated “in accordance with the rules” of the American Arbitration Association (“AAA”).  Several months later, plaintiffs filed for arbitration with the AAA, asserting claims under consumer protection statutes.  The DRA&