Waiver Rule

News & Analysis as of

Filing Claim In Court Is Not Enough To Waive Arbitration Right

The issue in analyzing whether a party waived its right to arbitrate is usually whether the defendant waited too long to assert the arbitration obligation.  But, this week the Second Circuit had the opportunity to address...more

The New Jersey Waiver Rule is Upheld by Court

On March 21, 2013, the New Jersey Appellate Division upheld the validity of the New Jersey Department of Environmental Protection’s (DEP) controversial “Waiver Rule.” The Waiver Rule generally allows the DEP to waive...more

Appellate Division Upholds DEP’s Authority to Establish Waiver Rule

The Appellate Division upholds the Department of Environmental Protection’s authority to establish the Waiver Rule....more

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