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NJ Supreme Court Consumer Contracts

Genova Burns LLC

NJ Supreme Court Tightens Proof Requirements of Arbitration Agreement

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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

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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

Genova Burns LLC

New Jersey Supreme Court Rules Mis-Labeled Arbitration Provision in Consumer Contract Unenforceable

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A day after the U.S. Supreme Court issued a decision seen as pro-arbitration – see our January 10, 2019 Blog Post, Arbitrator to Decide Whether Dispute is Subject to Arbitration Even if Argument is “Wholly Groundless,”...more

Blank Rome LLP

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

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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

Holland & Knight LLP

New Jersey Supreme Court Favors Retailers in Landmark Ruling Limiting TCCWNA Claims

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• In what has been described as a landmark ruling on behalf of both national retailers and consumers alike, the New Jersey Supreme Court has established critical law to limit exposure to purported class action claims...more

K&L Gates LLP

The New Jersey Supreme Court Deals a Significant Blow to TCCWNA Claims

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The New Jersey Supreme Court has spoken: a plaintiff suing for a violation of New Jersey’s Truth in Consumer Contract Warranty and Notice Act (TCCWNA) must have suffered an actual injury - but not necessarily a monetary one -...more

Holland & Knight LLP

With Some Progress in 2017, Where Does TCCWNA Head in 2018?

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• State and federal courts in New Jersey continue to review carefully how far the Truth-in-Consumer Contract Warranty and Notice Act (TCCWNA) should be extrapolated in order to sustain claims with no adverse impact or affect....more

BCLP

The New Jersey Supreme Court Will Consider Related Questions on Appeal in Two TCCWNA Class Actions

BCLP on

By now, many retailers have heard of New Jersey’s Truth in Consumer Contract, Warranty and Notice Act, N.J.S.A. §56:12-18 (“TCCWNA”), which is the basis for several class action lawsuits filed in New Jersey state and federal...more

Morrison & Foerster LLP - Social Media

Controversial New Jersey Consumer Protection Law Creates a Potential “Gotcha” for E-Commerce Companies

If your company is involved in selling products or services to consumers in New Jersey over the web or through mobile apps, you’ll want to read this blog post....more

Clark Hill PLC

Another Road Bump for Consumer Arbitration Clauses in New Jersey

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On June 14, 2016, the New Jersey Supreme Court issued yet another consumer friendly decision that further impedes the ability to enforce an arbitration agreement under New Jersey law. In a 5-1 decision, the Court in Dever v....more

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