Preservation of Rights

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NJ Supreme Court: Consumer Contract Arbitration Clauses are Unenforceable Unless Consumers Are Clearly Notified that Court Redress...

Arbitration clauses in consumer contracts are unenforceable in New Jersey unless they specifically state that a consumer is waiving the right to pursue statutory and constitutional remedies in court, the New Jersey Supreme...more

Third Circuit Elucidates Waiver Standards - United States v. Joseph, No. 12-3808, --- F.3d --- (3d Cir. Sept. 19, 2013)

In order to present an argument on appeal, a party must have raised the same argument—that is, an argument based on the same facts and the same legal rule—in the District Court. Merely having raised an issue in the District...more

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