Opalinski v. Robert Half Int’l Inc., 761 F.3d 314 (3d Cir. 2014). In this case under the Fair Labor Standards Act, 29 U.S.C. §201 et seq. (“FLSA”), plaintiffs signed employment agreements that contained an arbitration clause. That clause stated that “[a]ny ...
Delaware Coalition for Open Government, Inc. v. Strine, 733 F.3d 510 (3d Cir. 2013). It is rare that judges, and a court, are defendants in a lawsuit. It is even more rare that they are the losers in such an ...
Cole v. Jersey City Medical Center, 215 N.J. 165 (2013). In Cole v. Jersey City Medical Center, 425 N.J. Super. 48 (App. Div. 2012), discussed here, the Appellate Division ruled that defendant, who had litigated this employment discrimination case for 21 months and ...
Hirsch v. Amper Financial Services, LLC, 215 N.J. 174 (2013). Arbitration is a matter of contract. The issue in this case was whether non-parties to an arbitration agreement could be compelled to arbitrate because the issues involving those non-parties were intertwined with ...
Waskevich v. Herold Law, P.A., 431 N.J. Super. 293 (App. Div. 2013). What happens in a case where the parties have agreed to arbitrate some claims between them but not others? Do all the claims go to arbitration, or all to a ...
Oxford Health Plans LLC v. Sutter, 133 S.Ct. 2064 (2013). In Sutter v. Oxford Health Plans, LLC, 675 F.3d 215 (3d Cir. 2012), discussed here, the Third Circuit upheld an arbitrator’s interpretation of the parties’ contract that found that the contract permitted ...
Wolf v. Galex, 2013 N.J. Super. Unpub. LEXIS 1053 (App. Div. May 6, 2013). [Dislosure: I am co-counsel for Mr. Wolf in this matter, and I argued this appeal before the Appellate Division]. Plaintiff and defendant were law partners. They broke up ...
Freeman v. Pittsburgh Glass Works, LLC, 709 F.3d 240 (3d Cir. 2013). This appeal involved plaintiff’s assertion that an arbitration award should be vacated because the arbitrator was biased. The district court rejected that argument. On appeal, the Third Circuit affirmed in an opinion ...
In re City of Camden and International Ass’n of Firefighters, Local 788, 429 N.J. Super. 309 (App. Div. 2013). For over ten years, the City of Camden has been in such dire financial straits that the State of New Jersey has provided ...
Today, while I was waiting to argue an appeal in the Appellate Division, an argument before mine illustrated the idea that sometimes it is the right move to concede that one’s position on a particular legal issue is not correct. The ...