A selection of the need-to-know civil justice news for June 3-16.
‘Kindred’ Case Highlights SCOTUS’ Clash With States Over Arbitration
Charles Toutant, New Jersey Law Journal
The U.S. Supreme Court has declared its frustration with state courts that fail to share its views on arbitration, but opinions differ on whether its latest ruling on the subject will compel the New Jersey Supreme Court to change directions.
NJ Courts: Heed Loud-and-Clear Message on Arb Clauses
New Jersey Law Journal Editorial Board | New Jersey Law Journal
It is fairly easy to tell when Supreme Court justices are annoyed that courts are resisting clear legal precepts announced in earlier cases. In some instances, the court will grant certiorari, and summarily reverse and remand with an instruction “in light of” the earlier precedent. In KindredNursing Centers L.P. v. Clark, 137 S. Ct. 1421 (May 15, 2017), the court took a more unforgiving tone when reversing the Kentucky Supreme Court’s effort to establish a limitation on arbitration contracts in nursing home agreements. The court’s “we really mean it” tone must be taken to heart in New Jersey.
Woman Scalded by ‘Excessively Hot Tea’ at Whole Foods, Suit Claims
Anthony G. Attrino | NJ Advance Media for NJ.com
A Cliffside Park woman has sued Whole Foods, claiming the healthy foods market served tea that was too hot and left her badly burned when it spilled on her.
Are You There God? I’d Like to Sue You
Eric Grundhauser | Atlas Obscura
Back in 2007, Nebraska State Senator Ernie Chambers filed a lawsuit against God. Chambers, the plaintiff, was seeking a permanent injunction against the defendant, God, whom Chambers blamed in the suit for causing various natural disasters. The lawsuit further accused God of the crime of failing to stop “terroristic threats.” In the complaint, filed in Douglas County District Court, Chambers also stated that he had tried to contact God about these matters on multiple occasions, but without success.
Sometimes a Lawsuit Isn’t the Answer
Marie Mathews of Chiesa Shahinian and Giantomasi | NJBIZ
Once upon a time, when a corporation or small business had a legal dispute that could not be resolved through negotiation, it meant one thing: litigation. And while the courthouse remains an effective venue for resolving business disputes, the general trend over the last decade has been a shift away from litigation and toward alternative methods of dispute resolution.
Can NJ’s Arbitration Rule Survive Recent SCOTUS Decision?
Roger B. Kaplan of Greenberg Traurig | New Jersey Law Journal
The U.S. Supreme Court’s recent decision in Kindred Nursing Centers v. Clark, 2 017 WL 2039160 (May 15, 2017), calls into question the continuing viability of the New Jersey Supreme Court’s decision in Atalese v. U.S. Legal Services Group , 219 N.J. 430 (2014), cert. denied , 135 S.Ct. 2804 (2015), under the Federal Arbitration Act (FAA).
What Does It Take to Sue an Employer? $250 and an Itch
Stefanie Riehl | NJBIA
All it takes for an employee to sue you in New Jersey is filling out a complaint form and sending a $250 check to Superior Court. Getting a lawsuit dismissed isn’t so easy or as inexpensive. Even frivolous lawsuits cost thousands of dollars and take months to defend.
First-Of-Its-Kind Trial Goes Plaintiff’s Way; Winn-Dixie Must Update Website For The Blind
John O’Brien | Forbes
In what is believed to be the first lawsuit of its kind to go to trial, a Florida federal judge has ruled for a blind man who has filed nearly 70 lawsuits alleging that various companies’ websites violate the Americans with Disabilities Act.
Follow @NJCivilJustice on Twitter for even more news.
Leave A Comment