News & Analysis as of

Arbitration Agreements NJ Supreme Court

Genova Burns LLC

NJ Supreme Court Tightens Proof Requirements of Arbitration Agreement

Genova Burns LLC on

In its recent decision in Gerald Fazio Jr. v. Altice USA, the New Jersey Supreme Court continued its trend of enforcing strict contract formation requirements in consumer contract cases, serving as a counterbalance to the...more

Ballard Spahr LLP

New Jersey Supreme Court Enforces Stand-Alone Class Action Waiver

Ballard Spahr LLP on

Earlier this year, the New Jersey Supreme Court held in Pace v. Hamilton Cove that class action waivers in consumer contracts that do not contain an arbitration clause (i.e., a stand-alone class action waiver) are not per se...more

Kilpatrick

New Jersey Supreme Court affirms class action waiver untethered to an arbitration agreement

Kilpatrick on

Takeaway: Following the U.S. Supreme Court’s landmark decision in AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011), numerous courts have upheld class action waiver clauses in mandatory arbitration agreements. But...more

Husch Blackwell LLP

NJ Court Rules Clickwrap Arbitration Clause Enforceable

Husch Blackwell LLP on

On March 31, 2022, a lawyer and her husband sustained personal injuries after their rideshare driver ran a red light and collided with another vehicle. The lawyer underwent numerous surgeries and other procedures after...more

Carlton Fields

New Jersey Supreme Court Reinstates Arbitrator’s Decision Demoting School Official

Carlton Fields on

Under New Jersey’s Tenure Employees Hearing Law, when a school district files tenure charges against an employee, the state commissioner of education must refer the case to arbitration if he or she determines that the charges...more

Greenbaum, Rowe, Smith & Davis LLP

NJ Supreme Court Ruling Addresses Enforceability of Arbitration Clauses in Construction Defect Disputes Involving Direct Claims...

What You Need to Know- •The issue at hand in this case involved an interpretation of the statutory construction of New Jersey’s Direct Action Statute, which permits a judgment creditor holding an unsatisfied judgment to...more

Saul Ewing LLP

New Jersey Supreme Court Hands Victory to Employers Seeking to Utilize Arbitration

Saul Ewing LLP on

Mandatory arbitration provisions are common features of employment agreements, particularly for large employers. At the same time employers have consistently become more and more reliant on technology and electronic...more

Genova Burns LLC

NJ Supreme Court Enforces Arbitration Agreement Despite Failure to Specify Forum, Arbitrator, & Governing Law

Genova Burns LLC on

On September 11, 2020, in a unanimous decision, the New Jersey Supreme Court found that New Jersey law does not require that an arbitration agreement identify the arbitrator, name the arbitral forum, describe the arbitrator...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey High Court Updates State’s Arbitration Case Law to Reflect Modern Business Practice

For the second time in a little over one month, the Supreme Court of New Jersey has issued an employer-friendly ruling upholding the enforceability of arbitration agreements in the employment context. On July 19, 2020, we...more

Seyfarth Shaw LLP

So You Agree? – NJ Supreme Court Finds Assent To Arbitration Agreement By Employee’s Continued Employment

Seyfarth Shaw LLP on

Seyfarth Synopsis:  In Skuse v. Pfizer, Inc., the New Jersey Supreme Court held that an employee’s continued employment can be deemed to be assent to the terms of an employer’s arbitration agreement. ...more

Lowenstein Sandler LLP

New Jersey Supreme Court Clarifies Procedures For Implementing Employee Arbitration Agreements

Lowenstein Sandler LLP on

This week, the New Jersey Supreme Court issued a decision clarifying the steps that employers must take to implement arbitration agreements with current employees, even absent affirmative employee consent. Our firm appeared...more

Carlton Fields

NJ Supreme Court Finds State Arbitration Law Applies to FAA-Exempt Workers

Carlton Fields on

The New Jersey Supreme Court issued a combined opinion in two cases arising from arbitration agreements in employment contracts. The plaintiffs in the respective cases claimed they fell within section 1 of the Federal...more

Jackson Lewis P.C.

New Jersey High Court Enforces Arbitration Agreement With Independent Contractors Under State Law

Jackson Lewis P.C. on

Companies in the transportation industry in New Jersey can enforce arbitration agreements with employees and independent contractors under the New Jersey Arbitration Act (NJAA), the New Jersey Supreme Court has held. Arafa v....more

Genova Burns LLC

New Jersey Arbitration Act Rushes in and Orders Arbitration Where FAA Fears to Tread

Genova Burns LLC on

In a July 14, 2020 decision the Supreme Court of New Jersey held that the New Jersey Arbitration Act (NJAA) may apply to arbitration agreements even if the parties are subject to the Federal Arbitration Act (FAA) exemption...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey Supreme Court Confirms Enforceability of Employment Arbitration Agreements With Class Action Waivers Exempted Under FAA

On May 21, 2018, in Epic Systems Corporation v. Lewis, the Supreme Court of the United States upheld class action waivers in arbitration agreements, ruling that the Federal Arbitration Act (FAA) instructs “federal courts to...more

Fisher Phillips

Transportation Arbitration Agreements Ruled Enforceable Under New Jersey’s Arbitration Act Despite U.S. Supreme Court Ruling

Fisher Phillips on

The New Jersey Supreme Court just ruled that state law ensures the enforceability of arbitration agreements with transportation workers despite a recent U.S. Supreme Court case that struck down such an agreement under federal...more

BakerHostetler

New Jersey Supreme Court Requires Delivery Drivers to Arbitrate Regardless of FAA Transportation Workers Exemption

BakerHostetler on

As we noted in our June 10, 2019 blog post, many have questioned whether state arbitration laws could be applied when some transportation workers are held to be exempt from the Federal Arbitration Act (FAA) based on Section 1...more

Seyfarth Shaw LLP

NJ Supreme Court Affirms—Full Steam Ahead on Arbitration in New Jersey

Seyfarth Shaw LLP on

Seyfarth Synopsis: The NJ Supreme Court issues its combined opinion in two cases that we previously blogged about (Colon v. Strategic Delivery Solutions, LLC and Arafa v. Health Express Corporation)...more

Flaster Greenberg PC

Trends in Arbitration Agreements

Flaster Greenberg PC on

The New Jersey Supreme Court in late November 2019 heard oral argument in Flanzman v. Jenny Craig, Inc., 456 N.J. Super. 613 (App. Div. 2018), cert. granted, 237 N.J. 310 (2019), in which the Appellate Division boldly refused...more

Genova Burns LLC

Companies Beware: Pay Your Arbitration Fees Or Risk Losing Your Right to Arbitrate

Genova Burns LLC on

A decision by a judge of the U.S. District Court for the District of New Jersey on October 17, 2019, in Rachel A. Page v. GPB Cars 12, LLC d/b/a North Plainfield Nissan et al. (link to: opinion), stands as a critical warning...more

Genova Burns LLC

N.J. Supreme Court Sends Auto Dealer Disputes to Arbitration

Genova Burns LLC on

On Wednesday, June 5, the New Jersey Supreme Court ruled in favor of enforcing arbitration agreements in car purchase agreements. The case, Goffe v. Foulke Mgmt. Corp., reverses the New Jersey Court’s recent trend of setting...more

Blank Rome LLP

New Jersey Supreme Court Weighs in on Arbitration Clauses in Consumer Contracts

Blank Rome LLP on

On January 10, 2018, the New Jersey Supreme Court decided a case involving the enforceability of mandatory arbitration agreements in consumer contracts. In Kernahan v. Home Warranty Administrator of Florida, the Court held...more

Genova Burns LLC

N.J. Supreme Court Finds Material Breach by Company That Knowingly Refused to Cooperate with Arbitration Demands Filed in...

Genova Burns LLC on

The New Jersey Supreme Court has ruled that a company’s refusal to cooperate with plaintiffs’ arbitration demands was a material breach of their arbitration agreement, which barred the company from later compelling...more

Morgan Lewis

New Jersey Rejects Contractual Shortening of Limitations Period

Morgan Lewis on

The New Jersey Supreme Court’s decision forbids employers from contractually shortening the two-year limitations period under the state’s Law Against Discrimination. In a decision issued on June 15 that reversed two...more

Fisher Phillips

N.J. Employers No Longer Able To Shrink Lawsuit Time Limits - Supreme Court Hands Loss To Employers – But Is There A Hidden...

Fisher Phillips on

The New Jersey Supreme Court just ruled that employers are not permitted to shorten the time frame that workers have to file a discrimination claim under the New Jersey Law Against Discrimination (NJLAD), reversing a 2014...more

29 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide