The Third Circuit Clarifies the Standard for Determining Whether Parties Have Agreed to Arbitrate

Aliments Krispy Kernels, Inc. v. Nichols Farms, ___ F.3d ___ (3d Cir. 2017).  The bottom line of this opinion by Judge Fuentes was the reversal of a judgment of the District Court vacating an arbitration award that had been issued in favor of plaintiff.  Plaintiff had moved to confirm that arbitration award and defendant had […]

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Terms of Use Not to Disclosed to Consumers, on a Website That They Never Visited, Do Not Require Them to Take Grievances to Arbitration

James v. Global Tellink Corp., ___ F.3d ___ (3d Cir. 2017).  In this putative class action, plaintiffs were inmates at New Jersey correctional facilities.  They signed up with defendants for a service that would allow plaintiffs to telephone loved ones, attorneys, and others outside of the prisons. One plaintiff signed up via defendants’ website, while […]

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A Bail Reform Act Case, A “John Doe” Civil Case, and More Criminal Appeals Are Added to the Supreme Court’s Docket

The Supreme Court announced today that it has granted review in three cases.  The first arises under the new Bail Reform Act.  The question presented there, as phrased by the Supreme Court Clerk’s Office, is “At a pretrial detention hearing pursuant to New Jersey’s Bail Reform Act, N.J.S.A. 2A:162- 15 to -126, may the State […]

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Mass Action Plaintiffs Must be Careful in Pleading, or Their Case Will be Removable to Federal Court Under CAFA

Ramirez v. Vintage Pharmaceuticals, LLC, ___ F.3d ___ (3d Cir. 2017).  The so-called Class Action Fairness Act of 2005 (“CAFA”) extended federal jurisdiction not only to class actions over which federal courts previously did not have power, but also to “mass actions.”  28 U.S.C. §1332(d)(11).  To qualify as a mass action, there must be at […]

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Model Civil Jury Charges Are Amended in Response to Recent Appellate Decisions

According to a March 24 Notice to the Bar that was published today, the Supreme Court Committee on Model Civil Jury Charges has approved a number of revised Model Civil Jury Charges on a number of subjects.  Though all of the changes are important to note, several of the revised charges resulted directly from recent […]

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Sovereign Immunity Defeats Contribution Claims Against the State for Pre-Spill Act Discharges

NL Industries, Inc. v. State, ___ N.J. ___ (2017).  In 1976, the Legislature passed the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to -23.24 (“the Spill Act”).  The Spill Act became effective in 1977. Years earlier, in the early 1970’s, Sea-Land Corporation built a seawall in Laurence Harbor, NJ that was designed to […]

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A Sanctions Anniversary

On this date in 2003, the Appellate Division decided Seacoast Builders Corp. v. Rutgers, 358 N.J. Super. 524 (App. Div. 2003).  This was a relatively rare case in which the Appellate Division exercised original jurisdiction under Rule 2:10-5 to decide a discovery issue.  It was an even more rare result, since the panel ordered that […]

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