Triffin v. Southeastern Pennsylvania Transportation Auth., ___ N.J. Super. ___ (App. Div. 2020). Judge Fisher issued the Appellate Division’s opinion on this appeal just eight days after it was argued. The issue was not complex. Plaintiff sued several defendants for damages on a dishonored check. One of those defendants was the Southeastern Pennsylvania Transportation Authority (“SEPTA”). SEPTA answered without filing any separate defenses. By the time of trial, only SEPTA remained as a defendant, as one other defendant defaulted and the other was admittedly erroneously...

In re Odyssey Contracting Corp., ___ F.3d ___ (3d Cir. 2019). Odyssey Contracting Corp. and L&L Painting Co., Inc., were (respectively) a subcontractor and the prime contractor on a project to repaint a bridge. They got into a payment dispute and sued each other for breach of contract. Odyssey filed for bankruptcy protection, and the legal dispute between these parties became and adversary proceeding in Bankruptcy Court. At the final pre-trial conference, the parties entered into a stipulation. That stipulation provided that if the Bankruptcy Court found that Odyssey was the breaching...

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....