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EPIX v. MARSH & McLENNAN COMPANIES

No. A-3059-08T3

982 A.2d 1194 (2009)

410 N.J. Super. 453

EPIX HOLDINGS CORPORATION, Plaintiff-Respondent, v. MARSH & McLENNAN COMPANIES, INC., Marsh USA Inc., Marsh Inc., Twin City Fire Insurance Company, and Hartford Underwriters Insurance Company, Defendants-Respondents, and National Union Fire Insurance Company of Pittsburgh, PA, American International Group, Inc., AIG Risk Management, Inc., Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided November 17, 2009.

Attorney(s) appearing for the Case

Shalom D. Stone and Andrew C. Finch (Paul, Weiss, Rifkind, Wharton & Garrison, L.L.P.) of the New York bar, admitted pro hac vice, New York City, argued the cause for appellant (Walder, Hayden & Brogan, Roseland, and Mr. Finch, attorneys; Kenneth A. Gallo of the Washington, D.C. bar, admitted pro hac vice, of counsel; Mr. Stone, on the brief).

Richard A. DeTar (Miles & Stockbridge) of the Maryland bar, admitted pro hac vice, Easton, MD, argued the cause for respondent Epix Holdings Corporation (Palmisano & Goodman, Woodbridge, and Mr. DeTar, attorneys; Robert G. Goodman, Woodbridge, on the brief).

Before Judges CARCHMAN, PARRILLO and LIHOTZ.

The opinion of the court was delivered by

PARRILLO, J.A.D.

This appeal presents issues concerning whether a non-signatory may enforce an arbitration clause in a contract signed by its subsidiary corporation, the scope of that arbitration agreement, and whether, even if included therein, the Legislature nevertheless intended statutory antitrust claims to be non-arbitrable. Defendants National Union Fire Insurance Company of Pittsburg, PA (National Union) and...

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