In Citizens United Reciprocal Exchange v. New Jersey Back Institute, 2011 WL 1392602 (N.J. Super. Ct. App. Div. January 30, 2012) (New Jersey State Courts hyperlink not located for this unreported decision), Citizens United's appeal was rejected. Citizens United appealed an umpire's award of PIP benefits after arbitration. Its appeal was rejected in this case because it did not show the kind of "rare circumstances" which qualify in New Jersey law for appellate review of an umpire's arbitration award. Id. at unnumbered page, final paragraph before section "III" of opinion.
Although Citizens United lost the war, it did not lose a battle in this case. The Law Division was upheld by the Appellate Division in a ruling denying reimbursement of attorney's fees to the Back Institute. Id., first paragraph following section "III" heading on unnumbered page in opinion.
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