Nate Bohlander, a Partner in the Philadelphia office, and Abhinandan Pandhi, an Associate in the Philadelphia office, recently obtained a dismissal on behalf of an adventure park client in a case filed in the Superior Court of New Jersey, Camden County.  In the complaint, Plaintiff set forth a claim of negligence against the park.  Attorneys Bohlander and Pandhi filed a motion to dismiss, arguing, in pertinent part, that a valid, executed waiver precluded Plaintiff from pursuing rights in court, and, instead, that arbitration was the proper forum.  The Court agreed with this position, but, via the granting of a cross-motion, allowed Plaintiff to file an amended complaint.  

Plaintiff filed, and then, per Attorneys Bohlander and Pandhi’s request, subsequently withdrew the amended complaint and consented to arbitration.  The Court then entered an Order transferring the matter to arbitration.  Attorneys Bohlander and Pandhi filed a motion for reconsideration, arguing that, since the waiver compelled arbitration via a particular means outside the Courts, the entered Order should be amended with the terms proposed by the park.  The Court then entered the park’s proposed Order instead, dismissed the matter, and directed the parties to arbitration outside the Court and per the terms of the waiver.