Sutter v. Oxford Health Plans, LLC, ___ F.3d ___ (3d Cir. 2012).  Decisions in favor of class arbitration may seem to be few and far between these days.  But in this case, an arbitrator and the Third Circuit Court of Appeals came down in favor of class arbitration, based on the language of the arbitration clause at issue.  Judge Fuentes wrote the opinion for the panel.

Plaintiff was a doctor in defendant’s healthcare network.  The two parties signed an agreement that co

Cole v. Jersey City Medical Center, ___ N.J. Super. ___ (App. Div. 2012).  Plaintiff, a nurse anesthetist at Jersey Medical Center, sued the Medical Center and her immediate employer, Liberty Anesthesia Associates (“Liberty”), for retaliatory discharge, employment discrimination, and other things.  Plaintiff settled with the Medical Center, and Liberty won summary judgment on some of the claims against it.  Thereafter, three days before the scheduled trial date, and twe

There is word that NAACP v. Foulke Management, 421 N.J. Super. 404 (App. Div. 2011), which the Supreme Court agreed to review, may be settling.  The parties have asked the Court to put the matter on hold in order to allow a potential settlement to mature.  If the case is resolved without a decision by the Supreme Court, the perceptive opinion of the Appellate Division on the arbitration issues presented, discussed