KAREN COLE VS. JERSEY CITY
MEDICAL CENTER, ET AL.
A-4914-09T1
After she was terminated from
her position as a nurse
anesthetist, plaintiff sued the
Jersey City Medical Center and
her immediate employer, Liberty
Anesthesia Associates, LLC.,
under the Conscientious
Employee Protection Act and the Law
Against Discrimination. Plaintiff's employment agreement with
Liberty had an arbitration
clause covering these claims. She
did not have a similar
arrangement with the Medical Center.
After plaintiff settled her
claims against the Medical
Center, the trial court granted
Liberty's motion to enforce the
arbitration clause. We hold that Liberty is precluded from
enforcing the arbitration
clause. Liberty could have moved
to
bifurcate plaintiff's claims
against Liberty from her claims
against the Medical
Center. Instead, as a matter of
litigation
strategy, Liberty opted to
participate in the suit brought in
the Superior Court for a period
of twenty months, completing all
reciprocal discovery. Liberty did not raise the issue of
arbitration until three days
before the scheduled trial date. 03-29-12
