Legal Opinion
Einhorn v. J & S, INC.
District Court, D. New Jersey
Decided September 22, 2008No. Civil Action 07-4537(JEI)PublishedCited by 4 opinions
1Opinion of the Court
OPINION
IRENAS, Senior District Judge:
I
Presently before the Court is the Motion to Dismiss the Third-Party Complaint or, Alternatively, to Stay All Proceedings on the Third-Party Complaint and Compel Arbitration by Third-Party Defendant Eckerd Corporation d/b/a Brooks/Eckerd Corporation (“Eckerd”). 1 For the reasons set forth below, the present motion shall be granted in part and denied in part.
1. Any claim of J & S alleged to arise from ERISA or the MPPAA is dismissed on the merits.
2. Any claim of J & S based on state law, including contract, shall not be dismissed.
3. All remaining state law…
2Cases cited26 opinions
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Phillips v. County of AlleghenyCourt of Appeals for the Third Circuit · 2008
- In Re Burlington Coat Factory Securities Litigation. P. Gregory Buchanan, Jacob Turner and Ronald AbramoffCourt of Appeals for the Third Circuit · 1997
- At&T Technologies, Inc. v. Communications WorkersSupreme Court of the United States · 1986
21 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Einhorn v. Kaleck Bros., Inc.District Court, D. New Jersey · 2010
- Eckerd Corp. v. J & S, INC.District Court, D. New Jersey · 2009
- Resilient Floor Covering Pension Fund v. TD Sports Group, LLCDistrict Court, N.D. California · 2025
- Resilient Floor Covering Pension Fund v. TD Sports Group, LLCDistrict Court, N.D. California · 2025