Flintkote Company v. Aviva PLC, 769 F.3d 215 (3d Cir. 2014). Efforts to force arbitration on parties who did not agree to it continue. In this case, however, the Third Circuit, speaking through Judge Vanaskie, refused to allow that. Plaintiff ...
Hess Corp. v. ENI Petroleum, US, LLC, 435 N.J. Super. 89 (App. Div. 2014). ENI entered into a “Base Contract,” a form widely used in the oil industry, under which ENI would supply natural gas to Hess and provide the ...
Manahawkin Convalescent v. O’Neill, 217 N.J. 99 (2014). This comprehensive opinion by Justice Patterson for a unanimous Court ultimately boils down to this: because plaintiff, a nursing home, did not violate the Nursing Home Act, N.J.S.A. 30:13-1 to -17 (“NHA”), in demanding ...
Today is the observance of the Martin Luther King, Jr. holiday. It is both a federal and a New Jersey holiday that is observed on the third Monday of January, even though Dr. King’s actual birthday was January 15. But ...
Caribbean House, Inc. v. North Hudson Yacht Club, 434 N.J. Super. 220 (App. Div. 2013). This decision by Judge Accurso, issued today, involves an “easement of way,” or an access easement. Plaintiff Caribbean House gave defendant North Hudson Yacht Club ...
Sayles v. G&G Hotels, Inc., 429 N.J. Super. 266 (App. Div. 2013). This case involved the interpretation of an indemnification clause. In his opinion for the panel, Judge Fisher unpacked a “complex” provision and ultimately found it unambiguous even though the clause might ...
Nitro-Lift Technologies, LLC v. Howard, 133 S.Ct. 500 (2012). In a line of cases that includes Prima Paint Corp. v. Flood & Conklin Mfg. Co., 388 U.S. 395 (1967), and Buckeye Check Cashing, Inc. v. Cardegna, 546 U.S. 440 (2006), the Supreme ...
Selective Ins. Co. v. Hudson East Pain Management, 210 N.J. 597 (2012). Defendants provided medical treatment to patients who had personal injury protection (“PIP”) insurance through plaintiff (“Selective”). The patients assigned their right to insurance benefits to defendants so that defendants could get paid ...
Sutter v. Oxford Health Plans, LLC, 675 F.3d 215 (3d Cir. 2012). Decisions in favor of class arbitration may seem to be few and far between these days. But in this case, an arbitrator and the Third Circuit Court of Appeals came ...
Repossession Specialists v. Geico Ins. Co., 423 N.J. Super. 518 (App. Div. 2012). Annetta Jackson defaulted on her car loan, and Repossession Specialists (“Repossession”) was sent to repossess the vehicle. After the tow bar had already been attached and the repossessor was ...