Legal Opinion

South Jersey Sanitation Co. v. Applied Underwriters Captive Risk Assurance Co.

Court of Appeals for the Third Circuit

Decided October 25, 2016No. 14-4010PublishedCited by 28 opinions

1Opinion of the Court

OPINION GREENAWAY, JR., Circuit Judge.

I. INTRODUCTION

Applied Underwriters Captive Risk Assurance Company, Inc. (“Applied Underwriters”), a Berkshire Hathaway Company, appeals from the District Court’s denial of its motion to compel arbitration in its contract-based dispute with Appellee South Jersey Sanitation Company, Inc. (“South Jersey”). Because we find that South Jersey’s purported challenges to the arbitration agreement apply to the parties’ contract as. a whole, rather than to the arbitration agreement alone, the parties’ dispute is arbitrable and we will reverse.

II. FACTUAL AND…

2Cases cited12 opinions

  1. Prima Paint Corp. v. Flood & Conklin Mfg. Co.Supreme Court of the United States · 1967
  2. Green Tree Financial Corp.-Alabama v. RandolphSupreme Court of the United States · 2000
  3. Doctor's Associates, Inc. v. CasarottoSupreme Court of the United States · 1996
  4. North River Insurance Company v. Cigna Reinsurance CompanyCourt of Appeals for the Third Circuit · 1995
  5. Edward Seamans v. Temple UniversityCourt of Appeals for the Third Circuit · 2014

7 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Minnieland Private Day School, Inc. v. Applied Underwriters Captive Risk Assurance Co.Court of Appeals for the Fourth Circuit · 2017
  2. John MacDonald v. Cashcall IncCourt of Appeals for the Third Circuit · 2018
  3. Robert D Mabe Inc v. OptumRxCourt of Appeals for the Third Circuit · 2022
  4. Nielsen Contracting, Inc. v. Applied Underwriters, Inc., California Court of Appeal, 5th District2018
  5. Citizens of Humanity, LLC v. Applied Underwriters Captive Risk Assurance Co.Nebraska Supreme Court · 2018

23 more not listed; retrieve them via the Exa API.

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