Joel I. Fishbein

Joel I. Fishbein

Partner

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

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Joel focuses on long-term care litigation, medical malpractice litigation, employment law, legal and professional malpractice, commercial litigation, general liability and appeals. He represents businesses and business owners in commercial litigation matters, and has represented groups and classes of plaintiffs in employment discrimination litigation. For many years, Joel represented plaintiffs in civil rights and medical malpractice litigation and defendants accused of crimes.

Joel has tried dozens of cases and arbitrations and has extensive appellate experience in state and federal courts of Pennsylvania and New Jersey. Drawing on his significant experience in arbitration law and practice, he also aids clients and industry trade groups in drafting arbitration agreements and developing supporting policies. Joel has been asked to lecture on the best practices for the use of the court system to enforce arbitration agreements.

Practices

  • 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 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, L.L.C , 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) and 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)