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BERNETICH v. MED. RECORDS ONLINE

DOCKET NO. A-0657-15T3

136 A.3d 955 (2016)

445 N.J. Super. 173

BERNETICH, HATZELL & PASCU, LLC, on behalf of itself and all others similarly situated, Plaintiff-Respondent, v. MEDICAL RECORDS ONLINE, INC. (d/b/a "MRO"), Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided April 22, 2016.

Attorney(s) appearing for the Case

Lisa J. Rodriguez , Cherry Hill, argued the cause for appellant (Schnader Harrison Segal & Lewis LLP, attorneys; Ms. Rodriguez, of counsel; David Smith , Carl A. Solano and Bradly A. Nankerville , on the briefs).

Joseph A. Osefchen argued the cause for respondent (DeNittis Osefchen, P.C., attorneys; Stephen P. DeNittis and Mr. Osefchen, Marlton, on the brief).

Before Judges OSTRER, HAAS and MANAHAN.

The opinion of the court was delivered by

In this appeal, we conclude that a hospital's medical records processor may not enforce a mandatory arbitration clause that it included in its invoice to a patient's attorney in response to a request for records. The hospital, and the processor acting as its agent, had a pre-existing...

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