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
Jun
26
Literal Reading of Police and Fire Public Interest Arbitration Reform Act on Applicability of Cap on Arbitration Awards Would Yield Absurd Results, so the Appellate Division Rejects That Outcome
Posted by Bruce D. Greenberg on Jun 26, 2017 in Administrative agency actions, Appellate Division, Judges, Notable opinion writing, Standards of review, Statutory interpretation | 0 comments
In re State of New Jersey and Fraternal Order of Police Lodge 91, ___ N.J. Super. ___ (App. Div. 2017). In her opinion for the Appellate Division today, Judge Reisner entered the competition for the most concise opinion of the current term, rivaling Judge Espinosa’s opinion in Jiwungkul v. Director, Div. of Taxation, ___ N.J. Super. ___ (App. Div. 2017), discussed here<
Mar
31
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
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