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Joel I. Fishbein

Joel I. Fishbein


PA – Philadelphia | NJ – Cherry Hill
T: 215.999.5771 | F: 215.557.3771

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Joel has tried dozens of cases and arbitrations and has extensive appellate experience in state and federal courts of Pennsylvania and New Jersey. He recently completed the Harvard Program on Negotiation Mediating Disputes Certification Course to further enhance his ADR practice while continuing to represent clients in his established practice.

Joel is available to act as a mediator or arbitrator in all types of civil disputes. In addition, he represents clients in nursing home and assisted living litigation, medical malpractice, legal and accounting malpractice, real estate, financial services, insurance and other professional liability areas. Joel also defends clients in commercial litigation, trucking and motor vehicle accidents, employment disputes and consumer class actions, and against defamation suits. Joel handles condominium association and HOA disputes, consumer banking claims, civil fraud and RICO cases, and unfair trade practices. His representative matters also include products liability, premises liability, and construction litigation.

Joe counsels clients and industry trade groups in drafting arbitration agreements and to develop supporting policies. He has been asked to lecture on best practices for the use of the court system to enforce arbitration agreements. He is a community advocate and also volunteers his time and expertise as a Judge Pro Tem in the Philadelphia Court of Common Pleas.


  • Taylor v. Extendicare Health Facilities, Inc., 147 A.3d 490 (Pa. 2016), certiorari denied, 137 S.Ct. 1375, U.S.Pa., Mar. 27, 2017
    • Ruling that survival actions are governed by the decedent’s arbitration agreement and must be arbitrated even though a previous decision held that wrongful death claims were not subject to the decedent’s arbitration agreement
  • Ruszala v. Brookdale Living Communities, Inc., 415 N.J. Super. 272, 1 A.3d 806 (App. Div. 2010)
    • First reported case in New Jersey to follow the Federal Arbitration Act and enforce an assisted living arbitration agreement even though the New Jersey Nursing Home Rights and Responsibilities Act prohibited arbitration agreements in in a nursing home and assisted living contracts, based upon a finding that the FAA preempted the state law
  • Moore ex rel. Moore v. Woman to Woman Obstetrics & Gynecology, LLC , A-0683-11T1, 2013 WL 4080947 (N.J. Super. Ct. App. Div. Aug. 14, 2013)
    • Enforced arbitration agreement executed at the beginning of an obstetrician/patient relationship
  • Personacare of Reading, Inc. v. Lengel, 2017 WL 2772706 (E. D. Pa. June 27, 2017)
  • Northern Health Facilities, Inc. v. Batz, 993 F. Supp. 2d 485 (M.D. Pa. 2014)
    • Nursing home cases filed in federal court after the plaintiffs filed in state court, in which the federal courts, sitting in diversity, enforced nursing home arbitration agreements
  • George v. Northern Health Facilities, Inc., 2011 WL 2923885 (E.D. Pa. 2011)
  • Burella v. City of Philadelphia, 2003 WL 23469295 (E.D. Pa. 2003)
  • Catagnus v. Aramark Corporation, 235 F. Supp. 413 (E.D. Pa. 2002)
  • Commonwealth v. Rosario, 535 Pa. 282, 635 A.2d 109 (1993)
  • Commonwealth v. Montgomery, 533 Pa. 491, 626 A.2d 109 (1993)