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MZM CONST. v. NJ BLDG. LABORERS STATEWIDE BENEFIT

Nos. 18-3791 & 19-3102.

974 F.3d 386 (2020)

MZM CONSTRUCTION COMPANY, INC., d/b/a MZM Construction Management & Transportation v. NEW JERSEY BUILDING LABORERS STATEWIDE BENEFIT FUNDS, Appellant.

United States Court of Appeals, Third Circuit.

Filed: September 14, 2020.

Attorney(s) appearing for the Case

Bradley M. Parsons [ARGUED], Seth Ptasiewicz , Kroll Heineman Carton, 99 Wood Avenue South, Metro Corporate Campus I, Suite 307, Iselin, NJ 08830, Counsel for Appellant.

Eric Magnelli [ARGUED], Anthony M. Rainone , Brach Eichler, 101 Eisenhower Parkway, Roseland, NJ 07068, Counsel for Appellee.

Before: AMBRO, HARDIMAN, and RESTREPO, Circuit Judges.

OPINION OF THE COURT

We are confronted with a "mind-bending" question that has been dubbed "the queen of all threshold issues" in arbitration law. David Horton, Arbitration About Arbitration, 70 Stan. L. Rev. 363, 370, 422 (2018). Who decides—a court or an arbitrator —whether an agreement exists...

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