Pami Realty, LLC v. Locations XIX Inc.

Two parties to a construction contract dispute went to arbitration. As arbitration progressed, the arbitrator engaged in settlement negotiations with the parties.  None of this was reduced to writing at the time. The negotiations were not fruitful. Later, the arbitrator told the parties that he would render a defendant-favorable opinion imminently. Only then did the … Read more

Wollen v. Gulf Stream Restoration and Cleaning, LLC

In this appeal, the New Jersey Appellate Division considered an internet-based company’s method of communicating its terms and conditions in the arena of online consumer contracts. At issue was the validity of an arbitration provision embedded in those terms and conditions that “could” be accessed via a hyperlink before the plaintiff submitted her request for … Read more

Borough of Carteret v. Firefighters Mutual Benevolent Ass’n, Local 67

In this case, the New Jersey Supreme Court considered whether an arbitrator’s interpretation of a labor agreement was “reasonably debatable” and should have been upheld on appeal. In 2011, the Borough of Carteret and the Firefighters Mutual Benevolent Association, Local 67 (FMBA) executed a collectively negotiated agreement (CNA) governing the terms and conditions of employment … Read more

Cottrell v. Holtzberg

In Cottrell v. Holtzberg, the New Jersey Appellate Division confronted an unusual dispute over an arbitration agreement. The plaintiff was admitted to the same nursing home twice. Upon her admission the first time, she signed an agreement to submit any disputes to arbitration. She recovered from her ailments and was discharged. The following year, she … Read more

Gayles v. Sky Zone Trampoline Park

In Gayles v. Sky Zone Trampoline Park, the New Jersey Appellate Division heard an appeal from the Law Division denying both parties’ motions for summary judgment. The suit arose out of a birthday party at the trampoline park. A woman brought her child and a number of his friends to the trampoline park. When she … Read more

O’Hanlon v. Uber Technologies, Inc.

In O’Hanlon v. Uber Technologies, Inc., the Third Circuit reviewed a District Court’s order denying Uber’s motion to compel arbitration. Uber argued that the Third Circuit could not reach the merits of the motion without first determining that Plaintiffs had standing to bring their underlying ADA claim—pursuant to either the independent obligation to ensure the … Read more

Crystal Point Condo. Assoc. v. Kinsale Ins. Co.

In Crystal Point Condo. Assoc. v. Kinsale Ins. Co., the New Jersey Appellate Division issued a critical ruling on arbitration and direct actions against insurance companies. A condominium in Jersey City was found to have structural issues. So, the condo association sued certain professionals responsible for the sub-par construction and received default judgments because both … Read more

Delaney v. Dickey

In Delaney v. Dickey, the New Jersey Supreme Court was asked to determine whether a mandatory arbitration provision in a lawyer’s retainer agreement violates the Rules of Professional Conduct. The Court held that such an arbitration provision does not violate the RPC. But the Court held that the attorney has an obligation to discuss that … Read more

Knight v. Vivint Solar Dev., LLC

In Knight v. Vivint Solar Dev., LLC, the Appellate Division was tasked with deciding whether the courts or an arbitrator should decide the plaintiff’s claim that she never saw an arbitration agreement, which she allegedly agreed to. That question turned on the Court’s interpretation of the New Jersey Supreme Court’s decision in Goffe v. Foulke … Read more

DiDonato v. Ski Shawnee

In DiDonato v. Ski Shawnee,  the estate of a deceased teenager sued a ski resort and the teen’s school after the teen died during tryouts for the school’s ski team. The Superior Court held that because the school defendants accepted judicial process and did not promptly raise the arbitration issue, the school defendants waived their claim … Read more