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Arbitration Agreements NJ Supreme Court

Carlton Fields

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

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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

Obermayer Rebmann Maxwell & Hippel LLP

Case Law Update Every Landlord in PA and NJ Should Know

Cases involving property law rarely reach state supreme courts. However, two cases are pending before both the Supreme Courts of New Jersey and Pennsylvania – and every landlord in both states should know about them....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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

Genova Burns LLC

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

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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

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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...

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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

Seyfarth Shaw LLP

Statute of Limitations for New Jersey Law Against Discrimination Claims Cannot Be Shortened By Contract

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Supreme Court of New Jersey rules that employers may not shorten the statute of limitations for claims of discrimination under the New Jersey Law Against Discrimination via private contract. The...more

Proskauer - Law and the Workplace

2015 Year in Review—the Top 10 Trends in New Jersey Employment Law

In 2015, there were important developments in New Jersey employment law. This newsletter examines some of those developments in ten key areas— background checks, whistleblowing, paid sick leave, wage and hour, Law Against...more

Epstein Becker & Green

New Jersey Arbitration Agreements Should Explicitly Waive the Right to Bring Claims in Court

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On October 26, 2015, in the case Barr v. Bishop Rosen & Co., the New Jersey Appellate Division issued its first published decision applying the New Jersey Supreme Court’s decision in Atalese v. U.S. Legal Services Group LP to...more

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