Arbitration
Appellate Division Finds That Portion of Arbitrator’s Award Was Properly Vacated
This matter arises from a contractual dispute between Gallen Contracting Inc. (“Gallen”) and Centurion Construction, Inc. (“Construction”). Construction had hired Gallen to perform concrete work for an automobile dealership in Wayne pursuant to a written agreement. The agreement required that the parties submit disputes to mediation, followed by binding arbitration if mediation failed. The issue […]
Appellate Division Finds ADR Provision Enforceable Even if Contractor Reserved Its Right to File Certain Claims in Court
Plaintiff John Lahoud entered into a contract with Anthony & Sylvan Corp., t/a Anthony Sylvan Pools (“A&S”) to install a pool at his home. The contract contained an Alternate Dispute Resolution (“ADR”) provision which required that the parties submit to arbitration any claim arising from the contract, except the contractor reserved the right to file […]
Court Enforces Strict Deadline for Filing Demand for Trial De Novo
Plaintiff Arabruny Lindor, as Administrator Ad Prosequendum of the Estate of Roosevelt Rene, filed a wrongful death lawsuit against defendant Janoris Jenkins which was arbitrated on September 21, 2022. The arbitrator assessed liability at 50% to each party and awarded plaintiff gross damages of $800,000 with a net award of $400,000. The issue in Lindor […]
Appellate Division Dismisses Auto Insurer’s Appeal Seeking to Avoid Remand Back to Arbitration Proceeding
By: Eric Richwine, Law Clerk Editor: Betsy G. Ramos, Esq. The issue before the New Jersey Superior Court, Appellate Division in Hackensack Meridian Health v. Citizens United Reciprocal Exch., 2023 N.J. Super. Unpub. LEXIS 1088 (App. Div. June 29, 2023) was whether Citizens United Reciprocal Exchange (“CURE”), an auto insurer, was liable for the remainder […]
Court Confirms Arbitration Award Despite Plaintiff’s Counsel’s Claim of Failure to Receive Notice that Award Was Posted on E-Courts
Defendant Richard Bahadurian contracted with plaintiff Deegan Roofing, Inc. to repair a section of roof on a commercial building defendant owned. After the work was performed and defendant failed to pay for the work, plaintiff filed a breach of contract lawsuit to recover the unpaid invoice, interest, cost and attorney’s fees. The lawsuit proceeded to […]
Extraordinary Circumstances Not Found to Support Untimely Trial De Novo Request After Arbitration Award
Plaintiff M.M., a minor by his parents, Woodelyne Nathan Milbin and Ralph Milbin, appealed from an order confirming an arbitration award, entering a $25,000 judgment in plaintiff’s favor. Plaintiff had attempted to reject the award and request a trial de novo but failed to timely file the request for a trial de novo. The issue […]
Arbitration Provision Between Sophisticated Parties Found to be Enforceable Despite Lack of Explicit Waiver of Access to the Courts
The plaintiff County of Passaic contracted with defendant Horizon Healthcare Services, Inc. to manage the County’s self-funded health plan. That relationship ended in December 2019. The County filed a lawsuit against Horizon in 2021, claiming, among other things, that Horizon breached their contract by failing to implement certain modified reimbursement rates. Horizon successfully moved to […]
Using Mediation or Arbitration to Resolve Disputes: the Pros and Cons
Alternate Dispute Resolution, known as ADR, has become a frequently used tool to resolve disputes. Mediations or arbitrations are both ADR tools that now are commonly used to settle lawsuits. There are pros and cons for each type of proceeding. What is the difference between the two? Mediations use a mediator, often a retired judge […]
Arbitration Clauses: Valid or Invalid?
The answer is “Valid,” thanks to the efforts of Capehart Scatchard shareholder Laura D. Ruccolo, Esq. who won a landmark decision on June 5, 2019, which will impact business entities in New Jersey for many years to come. Who Decides Whether an Arbitration Clause in a Commercial Contract is Valid? “The arbitrator,” said the New Jersey […]
Should You Reject a New Jersey Arbitration Award and File a Demand for a Trial De Novo? What Are The Pros and Cons?
In the New Jersey Superior Court, personal injury lawsuits are subject to mandatory arbitration pursuant to Rule 4:21A-1. These suits would include automobile accidents and all other personal injury matters except professional malpractice and products liability lawsuits. Once an arbitration award is entered, a decision needs to be made whether to accept or reject the […]
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