The Supreme Court of the United States has granted certiorari to review the decision of the Third Circuit Court of Appeals in Sutter v. Oxford Health Plans, 675 F.3d 215 (3d Cir. 2012). The Third Circuit’s decision is discussed here. ...
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 ...
Bellevue Drug Co. v. Caremark SPCS, 700 F.3d 109 (3d Cir. 2012). This was an antitrust class action. Plaintiffs, who are retail pharmacy businesses, and defendant, who is a prescription benefits manager for drug benefit plans, entered into written agreements under which plaintiffs would provide prescription ...
The Supreme Court of the United States has been very active in granting review of cases seeking to compel arbitration in various contexts. Now, the Supreme Court of New Jersey has joined in the fun. The Court announced today that it ...
The Supreme Court has approved amendments to a number of Court Rules. The amendments take effect on September 1, 2012. The changes to the appellate rules fall into four general categories. A number of them are in accordance with recommendations ...
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 ...
Cole v. Jersey City Medical Center, 425 N.J. Super. 48 (App. Div. 2012). Plaintiff, a nurse anesthetist at Jersey Medical Center, sued the Medical Center and her immediate employer, Liberty Anesthesia Associates (“Liberty”), for retaliatory discharge, employment discrimination, and other things. Plaintiff ...
There is word that NAACP v. Foulke Management, 421 N.J. Super. 404 (App. Div. 2011), which the Supreme Court agreed to review, may be settling. The parties have asked the Court to put the matter on hold in order to allow a potential ...
Marmet Health Care Center, Inc. v. Brown, 565 U.S. ___, 132 S.Ct. 1201 (2012). The Supreme Court of the United States decides many fewer cases now than it did in prior years. The Court also likes to say that it does ...
CTC Demolition Co., Inc. v. GMH AETC Management, 424 N.J. Super. 1 (App. Div. 2012). The “first-filed” rule of comity says that, as a general notion, the court that first acquires jurisdiction over a matter takes precedence over another court that acquires jurisdiction ...