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
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
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
In the case of In re Officer Diguglielmo, the New Jersey Institute of Technology terminated the officer’s employment because of alleged non-criminal conduct. The NJ Appellate Division concluded that N.J.S.A. 40A:14-150 precluded him, as a non-municipal police officer, from availing himself of the special disciplinary arbitration process administered by the Public Employment Relations Commission.
In MZM Contr. Co. v. NJ Bldg. Laborers Statewide Benefit Funds, the 3rd Circuit confronted “the queen of all threshold issues” in arbitration law, namely who decides whether an arbitration agreement exists when the disagreement is over whether the arbitration agreement exists. Is it the courts or the arbitrator? In this instance, the 3rd Circuit … Read more
In Flansman v. Jenny Craig, Inc., the NJ Supreme Court enforced an arbitration agreement that did not name an arbitrator, designate an arbitration organization to conduct the proceeding, or set out a process to do so. The Court found that the agreement clearly and unmistakably informed the parties that they must submit to arbitration for any … Read more
In 2303 Bainbridge v. Steel River Building. Sys., the Superior Court held that venue for the parties’ arbitration was proper in Philadelphia Co. because multiple hearings were held there before the defendants filed a petition in connection with the matter in Montgomery Co.
In Skuse v. Pfizer, the Supreme Court upheld Pfizer’s arbitration clause, which the company sent via email to its employees. The Court ruled that Pfizer’s communication informed Skuse that if she remained an employee with the company for more than sixty days after her receipt of the communication, she was deemed to have assented. Moreover, … Read more
In Teamsters Local 177 v. UPS, the 3rd Circuit held that, under the FAA, a party’s injuries are only fully remedied by the entry of a confirmation order. The dispute the parties went to arbitration to resolve is “live” until the arbitration award is confirmed and the parties have an enforceable judgment in hand. Thus, … Read more
In Williams v. Medley Opportunity Fund, the Third Circuit ruled the parties’ arbitration agreement violated public policy and was, therefore, unenforceable because the defendant lenders permitted the plaintiff borrowers to raise disputes in arbitration under tribal law only, not federal or state law.