Legal Opinion

Fastenberg v. Prudential Insurance

New Jersey Superior Court Appellate Division

Decided April 8, 1998PublishedCited by 40 opinions

1Opinion of the Court

The opinion of the court was delivered by

CUFF, J.A.D.

In this case, we granted leave to appeal to review whether plaintiffs wrongful discharge and defamation claims against his former insurance company employer may proceed in a court of law or must be submitted to arbitration. We conclude that his claims do not fall within the “business of insurance” exception to the arbitration agreement executed by the parties and we reverse.

Plaintiff, David Fastenberg, began his employment with defendant, The Prudential Insurance Company of America (Prudential), in 1974, and he remained employed by…

2Cases cited8 opinions

  1. United Steelworkers v. Warrior & Gulf Navigation Co.Supreme Court of the United States · 1960
  2. Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc.Supreme Court of the United States · 1985
  3. Barcon Associates, Inc. v. Tri-County Asphalt Corp.Supreme Court of New Jersey · 1981
  4. In Re The Prudential Insurance Company Of America Sales Practice Litigation All Agent ActionsCourt of Appeals for the Third Circuit · 1998
  5. Young v. Prudential Insurance Co. of America, Inc.New Jersey Superior Court Appellate Division · 1997

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3Cited by40 opinions

  1. Kaur v. Assured Lending Corp.New Jersey Superior Court Appellate Division · 2009
  2. Cumberland Farms, Inc. v. New JerseyNew Jersey Superior Court Appellate Division · 2016
  3. Sealed Air Corp. v. Royal Indem. Co.New Jersey Superior Court Appellate Division · 2008
  4. Spring Creek Holding Company, Inc. v. Shinnihon USA Co., Ltd.New Jersey Superior Court Appellate Division · 2008
  5. Alfano v. BDO Seidman, LLPNew Jersey Superior Court Appellate Division · 2007

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