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Weekly Caselaw Updates

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Adams v. Mt. Lebanon Operations

The Pennsylvania Superior Court affirmed the order overruling Mt. Lebanon Operations' preliminary objections requesting a transfer to binding arbitration of wrongful death and survival claims. Mt. Lebanon argued that an arbitration provision was valid and enforceable because Adams executed an Admission Agreement as the decedent’s Power of Attorney. The Court ruled that Mt. Lebanon…

Adams v. Mt. Lebanon Operations
Pennsylvania Superior Court

The Pennsylvania Superior Court affirmed the order overruling Mt. Lebanon Operations’ preliminary objections requesting a transfer to binding arbitration of wrongful death and survival claims. Mt. Lebanon argued that an arbitration provision was valid and enforceable because Adams executed an Admission Agreement as the decedent’s Power of Attorney. The Court ruled that Mt. Lebanon failed to establish Adams had… Continue reading Adams v. Mt. Lebanon Operations

Matullo v. SkyZone Trampoline Park
New Jersey Appellate Division

The New Jersey Appellate Division issued two SkyZone-arbitratoin cases in a single day. In this one, the Court addressed the enforceability of an arbitration provision in an agreement signed by a fifteen-year-old minor to gain access to the commercial trampoline park. The Court held that the arbitration provision was not enforceable because New Jersey has… Continue reading Matullo v. SkyZone Trampoline Park

Perez v. Sky Zone, LLC
New Jersey Appellate Division

The New Jersey Appellate Division issued two SkyZone-arbitration opinions in a single day. Here, the arbitration provision contained a severability clause and a clause that the arbitration would be heard by JAMS arbitration services. But JAMS was not available to conduct the arbitration so the plaintiff argued that the entire arbitration provision is void. The… Continue reading Perez v. Sky Zone, LLC

J. Supor & Son Trucking & Rigging Co. v. Trucking Emps. of N. Jersey Welfare Fund
3rd Circuit

The Third Circuit dealt with the Multiemployer Pension Plan Amendments Act of 1980 (the MPPAA), which amended part of ERISA (the Employee Retirement Income Security Act of 1974). The MPPAA was designed to penalize employers who back out of multiemployer pension plans early, thereby “sticking remaining employers with a much higher bill.” Here, a contractor… Continue reading J. Supor & Son Trucking & Rigging Co. v. Trucking Emps. of N. Jersey Welfare Fund

In re Rotavirus Vaccines Antitrust Litigation
3rd Circuit

The Third Circuit ruled that the District Court should have compelled Sugartown Pediatrics, Schwartz Pediatrics, and Margiotti & Kroll Pediatrics (the Pediatricians) to arbitrate their claim that Merck’s vaccine bundling scheme was anticompetitive. The Pediatricians filed federal suits alleging Merck’s vaccine bundling program was anticompetitive. Merck responded with a motion to compel arbitration based on… Continue reading In re Rotavirus Vaccines Antitrust Litigation

Pittsburgh Mailers Union Local 22 v. PG Publishing Co.
3rd Circuit

The Third Circuit overruled its decision in Luden’s Inc. v. Local Union No. 6 of the Bakery, Confectionery & Tobacco Workers International Union in light of two intervening United States Supreme Court Cases: M & G Polymers USA, LLC v. Tackett and CNH Industrial N.V. v. Reese. At issue was an arbitration provision in a… Continue reading Pittsburgh Mailers Union Local 22 v. PG Publishing Co.

Grandvue Manor, LLC v. Cornerstone Contracting Corp.
New Jersey Appellate Division

A wealthy couple created Grandview Manor LLC in New Jersey to build their $10 million dream home in New York. Grandview contracted with Cornerstone Contracting to construct the house. The parties selected the law of New York to govern the contract, which called for binding arbitration to resolve any disputes. A dispute arose, and Grandview… Continue reading Grandvue Manor, LLC v. Cornerstone Contracting Corp.

Antonucci v. Curvature Newco, Inc.
New Jersey Appellate Division

In an issue of first impression, the New Jersey Appellate Division held that New Jersey’s Law Against Discrimination’s (LAD) procedural prohibition, which precluded arbitration in the plaintiff’s case, is preempted when applied to an arbitration agreement governed by the Federal Arbitration Act (FAA). After his employment was terminated, the plaintiff filed a complaint against Curvature… Continue reading Antonucci v. Curvature Newco, Inc.

Checchio v. Evermore Fitness, LLC
New Jersey Appellate Division

In less than a year, the New Jersey Appellate Division issued its second Sky Zone Trampoline Park opinion. In a scenario stunningly similar to the one presented in Gayles v. Sky Zone Trampoline Park, a fourteen-year-old girl went to Sky Zone with her friend and friend’s mom. The mom signed a release, which included an… Continue reading Checchio v. Evermore Fitness, LLC

PG Publishing v. The Newspaper Guild of Pittsburgh
3rd Circuit

The Third Circuit affirmed the District Court’s dismissal of PG Publishing’s complaint to vacate a labor arbitration award. The complaint invoked the Labor Management Relations Act (“LMRA”) and the Federal Arbitration Act (“FAA”). PG argued that even if it filed its complaint outside of the applicable limitations period for an LMRA action, it filed within… Continue reading PG Publishing v. The Newspaper Guild of Pittsburgh