A three-judge panel of the Third Circuit issued three opinions while trying to determine the route to follow when reconciling principles of federalism with the question of whether the Federal Arbitration Agreement ("FAA") applied. Judges Matey (writing the opinion of the court), Matey (concurring), and Shwartz (dissenting) each issued engaging…
A three-judge panel of the Third Circuit issued three opinions while trying to determine the route to follow when reconciling principles of federalism with the question of whether the Federal Arbitration Agreement (“FAA”) applied. Judges Matey (writing the opinion of the court), Matey (concurring), and Shwartz (dissenting) each issued engaging and thoughtful opinions on an… Continue reading Amazon.com Serv., Inc. v. Harper
The Third Circuit ruled that the functus officio doctrine is alive and well. That doctrine prohibits arbitrators from revisiting their decisions without the parties’ consent. Union Verizon employees brought a grievance against their employer because Verizon altered their options for customers who wanted a new set-top box. Previously, the only option was for union employees… Continue reading Verizon Pa., LLC v. Commc’n Workers of Am.
The Pennsylvania Superior Court heard an appeal that reads more like an international espionage novel than a court case. However, the dispute ended up being a somewhat routine disagreement about compulsory arbitration. The facts include a pharmaceutical company hiring another company to dig up dirt on a whistleblower. The pharmaceutical company did not mention that… Continue reading Humphry v. Glaxosmithkline PLC
This labor dispute arose when a bargaining unit member retired. After advertising internally failed to fill the position, ExxonMobil Research and Engineering Company (“EMRE”) contracted independent contractors to staff the position. Shortly after that, Indep. Lab. Emp. Union, Inc. filed a grievance regarding the propriety of EMRE contracting out bargaining unit positions in this way.… Continue reading Indep. Lab. Emp. Union, Inc. v. ExxonMobil Res. and Eng’g Co.
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… Continue reading Pami Realty, LLC v. Locations XIX Inc.
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… Continue reading Wollen v. Gulf Stream Restoration and Cleaning, LLC
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… Continue reading Borough of Carteret v. Firefighters Mutual Benevolent Ass’n, Local 67
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… Continue reading Cottrell v. Holtzberg
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… Continue reading Gayles v. Sky Zone Trampoline Park
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… Continue reading O’Hanlon v. Uber Technologies, Inc.