Life Is A Highway, But Where You Drive For Work Matters: Third Circuit Compels Uber Drivers to Arbitration In Misclassification Suits
By Alison Vogel, Esq. In a matter of first impression, the Third Circuit recently affirmed the New Jersey District Court’s ruling that Uber drivers are not a class of workers “engaged in foreign or interstate commerce” for purposes of section 1 of the Federal Arbitration Act (FAA) and properly compelled two consolidated actions to arbitration. […]
New Jersey Appellate Division Holds that the Ending Forced Arbitration Act Does Not Bar the Arbitration of Sexual Harassment Claims Accruing Prior to its Effective Date
By Allison J. Vogel, Esq. The New Jersey Appellate Division recently issued an opinion confirming that the Ending Forced Arbitration Act (EFAA) does not apply retroactively to sexual harassment or assault claims that accrue prior to March 3, 2022. The Court also confirmed that the Federal Arbitration Act (FAA) will also continue to preempt such […]
OH SNAP! PART 2 – THE DISTRICT COURT OF NEW JERSEY RECONSIDERS SNAP REMOVAL IN ACTION BETWEEN NON-DIVERSE DEFENDANTS
By Allison Vogel, Esq., April 20, 2021 It is well-settled that a defendant may not remove a case to federal court based upon diversity jurisdiction under 28 U.S.C. § 1332 if the action includes a non-diverse defendant or the defendant is a resident of the state where the action was filed. In Encompass Ins. Co. […]
NEW JERSEY SUPREME COURT PERMITS PLAINTIFF TO SEEK RELIANCE DAMAGES UNDER THE THEORY OF PROMMISSORY ESTOPPEL FOR A RESCINDED JOB OFFER
NEW JERSEY SUPREME COURT PERMITS PLAINTIFF TO SEEK RELIANCE DAMAGES UNDER THE THEORY OF PROMMISSORY ESTOPPEL FOR A RESCINDED JOB OFFER. By Allison J. Vogel, Esq., March 1, 2021 The New Jersey Supreme Court recently affirmed, as modified, the liability judgment of the Appellate Division and remanded for a new damages trial on a […]
New Jersey court finds that plaintiff failed to establish a Prima Facie in case of discrimination
NEW JERSEY COURT FINDS THAT PLAINTIFF FAILED TO ESTABLISH A PRIMA FACIE CASE OF DISCRIMINATION WHERE EMPLOYER HIRED AN INDIVIDUAL IN THE SAME PROTECTED CLASS AS PLAINTIFF. By Allison J. Vogel, Esq., on March 13, 2020 The Appellate Division recently affirmed the dismissal of a race discrimination claim where the plaintiff alleged that her […]