Barry A. Kozyra, Arbitrator, Geraldine Della Buono v. Paul J. Allen M & G Convoy, Third-Party v. Angelo Soldani, Third-Party

OPINION OF THE COURT

ROSENN, Circuit Judge.

In this diversity action, we are asked to predict whether the New Jersey Supreme Court would carve out an exception to its “entire controversy doctrine” in favor of the appellant on this appeal. Plaintiff-appellant Della Buono, the defendant in an earlier action, argues that she did not have a fair opportunity to present her claim for personal injuries because her insurance carrier did not correspond with her, she did not participate fully in the first litigation, and she was not made aware of her obligation to assert her personal injury claim. The…