Category: Business Law

P & G Carpet & Tile v. Engineering Construction Corp.

ARBITRATION; CONTRACTS—Where the contractual requirement to arbitrate is raised in an answer, that provision can be enforced all the way up to trial even after all discovery has taken place and multiple trial notices have been issued.

• Opinion Date: July 9, 2001

Gras v. Associates First Capital Corp.

ARBITRATION; CONSUMER FRAUD ACT—Matters cognizable under the Consumer Fraud Act may be dealt with in arbitration and an arbitration agreement can preclude class action claims.

• Opinion Date: December 20, 2001

Ravin, Sarasohn, Cook, Baumgarten, Fisch & Rosen v. Rosen

ARBITRATION—It is the factual allegations underlying a dispute, not the name given to the cause of action, that must be examined and compared to the terms of an arbitration agreement.

• Opinion Date: November 28, 2001

Pillari Brothers Contracting Company, Inc. v. Berkeley Township Sewerage Authority

ARBITRATION—A party’s attorney is assumed to know that a court rule requires that requests for judicial review of arbitration awards be made within 30 days after the award whether or not the arbitrator announces that rule at the hearing.

• Opinion Date: November 1, 2001

Montano v. Chase Manhattan Mortgage Corp.

ARBITRATION—To pass muster, a waiver of rights contract provision, such as one calling for arbitration, may need to provide that the parties expressly waive a statutory right use the courts.

• Opinion Date: July 23, 2001

Gruff v. Caddy Corporation of America

ARBITRATION—Where one agreement between parties mandates arbitration for disputes arising out of certain activities or relationships, arbitration is mandated even for separate agreements without such an arbitration provision if the subject matter of the dispute related to the separate agreement arises out of such activities or relationships.

• Opinion Date: April 24, 2001

RCM Technologies, Inc. v. Brignik Technology, Inc.

ARBITRATION—A requirement to submit all matters of contract interpretation to arbitration encompasses claims that depend on contract interpretation, even ones for fraudulent inducement and unjust enrichment.

• Opinion Date: March 19, 2001

Danzas Corp. v. Lollytogs Ltd.

AGENCY; BILLS OF LADING—When an importer engages a freight forwarder to make shipping arrangements, the forwarder has agency authority to bind the importer to the terms of a bill of lading.

• Opinion Date: April 5, 2001

Zefelippo v. Rodi

AGENCY—A party claiming an apparent agency relationship must establish that the appearance of authority has been created by the conduct of the alleged principal; it cannot be established solely by proof of conduct of the alleged agent.

• Opinion Date: September 27, 2001

Stevenson Lumber Yard, Inc. v. McLaren

AGENCY—Even though two entities are similarly named and have an overlapping interest in the success of a single project, these commonalities do not create an agency relationship and the commonalities do not make either entity liable for the debts of the other.

• Opinion Date: July 6, 2001