Though most Third Circuit oral arguments (of which there are relatively few, as discussed here) occur in Philadelphia, panels of that court sometimes sit in Newark. On December 6, a panel comprising Judges Shwartz, Matey, and Fuentes will hear oral arguments in two appeals at the U.S. Post Office & Courthouse, Third Floor, Courtroom 2, in Newark. The arguments begin at 9:30 AM.
Both appeals involve issues of arbitrability. In one case, the question is whether a party waived its right to arbitration by its litigation conduct. The other appeal poses the issue of whether plaintiffs who are asserting claims against an investment consultant, on behalf of an ERISA plan in which they participate, are bound to arbitrate that case because the ERISA plan entered into an arbitration agreement with the investment consultant. Good stuff, as our courts continue to puzzle out the scope of the right to arbitration in various contexts.