A Capehart Scatchard Blog

Arbitration

Whether Plaintiff Qualifies as an Insured Under UIM Endorsement Not Subject to Arbitration

By on June 8, 2018 in Arbitration with 0 Comments

Plaintiff Carole Zelig was injured in an automobile accident, while a passenger in a vehicle operated by a friend. She settled her personal injury claim against the tortfeasor and then filed an underinsured motorist (UIM) claim against the defendant Tower Group Companies, the carrier for a business partially owned by plaintiff. In Zelig v. Tower […]

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Uber Arbitration Clause Accessed through Hyperlink to Contract with Driver Found Enforceable

By on February 22, 2017 in Arbitration with 0 Comments

Plaintiff Jaswinder Singh filed a lawsuit against Uber Technologies Inc. (“Uber”), claiming that Uber misclassified him and other similarly situated New Jersey Uber drivers as independent contractors, failed to pay overtime, and required drivers to pay for significant business expenses. Instead of filing an answer, Uber filed a motion to dismiss the complaint and compel […]

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Arbitration Clause in Invoice for Medical Records from Medical Provider to Patient’s Attorney Found Unenforceable by New Jersey Court

By on July 29, 2016 in Arbitration with 0 Comments

Medical Records Online, Inc. (MRO) is a third party medical records processor of requests for medical records from hospitals and physicians, including Kennedy Memorial Hospitals (“Kennedy”). Plaintiff, Bernetich, Hatzell & Pascu, LLC (BH&P), is a personal injury law firm who sought to obtain records from Kennedy on behalf of a prospective client. MRO’s invoice for […]

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Arbitration Clause Ruled Invalid in Educational Institute’s Enrollment Agreement

By on July 8, 2016 in Arbitration, Uncategorized with 0 Comments

An arbitration agreement can be enforceable in a consumer contract if it clearly and unambiguously explains that the consumer is giving up the right to pursue relief in a judicial forum. In the recent New Jersey Supreme Court case, Morgan v. Sanford Brown Institute, 2016 N.J. LEXIS 563 (2016), the Court considered the enforceability of […]

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