Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: May 10, 2013
The Firm
201-896-4100 info@sh-law.comThe Supreme Court of New Jersey recently considered how late is “too late” to invoke an arbitration clause in a contract. The court accepted the case after lower courts reached opposing opinions of the issue.
In the recently decided Cole v. Jersey City Medical Center, the defendant waited until three days before trial to invoke its right to proceed to arbitration. The arbitration clause at issue was included in an employment agreement with the plaintiff, Karen Cole. The agreement provided, in pertinent part, that, “any claim, controversy or dispute between you and [the employer] . . . arising out of or relating to your employment, the cessation of your employment, or any matter relating to the foregoing . . . shall be submitted to and settled by arbitration . . . .”
Cole was hired by Liberty Anesthesia Associates, LLC (Liberty) to work as a Certified Registered Nurse Anesthetist at the Jersey City Medical Center (Medical Center). After refusing to submit to a drug test, her employment was terminated. Cole filed suit against the Medical Center alleging retaliation in violation of the Conscientious Employee Protection Act, among other claims. She later added Liberty as a defendant, and asserted many of the same claims.
After discovery was completed, Liberty and the Medical Center filed motions for summary judgment. Cole settled with the Medical Center, and the court ultimately dismissed several claims against Liberty. It then set a trial date of March 22, 2010 for the remaining claims.
Three days before trial, Liberty filed a motion to compel arbitration. Cole objected on the basis that Liberty had failed to raise the clause as a required affirmative defense and had willingly participated in the litigation for several years. Liberty explained that it did not raise the arbitration issue earlier because an arbitrator might have reached a different result than a jury if the claims against Liberty proceeded to trial and the nearly identical claims against the Medical Center proceeded in court.
The trial court granted Liberty’s motion and dismissed the case but the Appellate Division reversed. The state Supreme Court will now take on the issue of whether Liberty waived its right to arbitration. We will be closely watching this case and will provide a discussion of the decision as soon as it is published.
If you have any questions about this case or would like to discuss the legal issues involved, please contact me or the Scarinci Hollenbeck attorney with whom you work.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Case law following the 2010 amendments to Federal Rule of Civil Procedure 26 offers guidance on how courts are likely to address whether an expert witness’s AI records are subject to discovery. Key Takeaways Rule 26 Expert Discovery After the 2010 Amendments This article addresses the question courts and lawyers have faced in recent cases: […]
Author: Chris Seelinger

“Show how 3M is 0% at fault.” The absurd tale of how a 350-page ChatGPT history for 3M’s expert witness was produced during a deposition is more likely than you think. It’s an inevitable trend, and an unsettled question for federal courts as experts make generative AI part of their workflow. Key Takeaways Expert Witness […]
Author: Chris Seelinger

Screenshots have changed the risks of electronic communications. The screenshot problem is that messages intended for one person or a small group can be copied, forwarded, preserved, and ultimately presented to opposing counsel, regulators, journalists, customers, or a jury. Businesses should recognize that a truly private digital conversation is increasingly unreliable and ensure their policies, […]
Author: Sean M. Pena

Developers, engineering, procurement, and construction (EPC) contractors, and equipment suppliers each play a critical role in completing a BESS project. However, when equipment costs rise, deliveries are delayed, or regulations change, determining who bears the financial consequences can become contentious. Well-drafted project agreements are essential to sound risk allocation. Key Takeaways This article is Part […]
Author: Nicholas Wall

IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]
Author: Michael Mietlicki

When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]
Author: Sean M. Pena
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!