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.
In Arafa v. Health Express Corp., the New Jersey Supreme Court held that when the Federal Arbitration Act exempts a contract from arbitration, the state analog — the New Jersey Arbitration Act — may still apply and the FAA does not preempt the NJAA.
In D’Amelia v. Toll Bros., the Superior Court refused to disrupt an award after nonjudicial arbitration in light of challenges to discovery, evidentiary and procedural rules.
Two former employees of the Milton Hershey School sued for discrimination and retaliation after they were fired. The school moved to compel arbitration under the collective bargaining agreement, and the district court denied the motion. On appeal, the 3rd Circuit found that the state-law claims were subject to the Federal Arbitration Act. In the absence … Read more