Tag: arbitration
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 Clause in Invoice for Medical Records from Medical Provider to Patient’s Attorney Found Unenforceable by New Jersey Court
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 […]
Arbitration Clause Ruled Invalid in Educational Institute’s Enrollment Agreement
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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