In a published decision issued on October 4, 2018, the New Jersey Appellate Division issued a controversial ruling that allows a homeowner to pursue a claim against Bank of America under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA) due to the defendants' failure to identify the lender's name and address in several pre...
In a published decision issued on February 16, 2018, the Superior Court of New Jersey Appellate Division clarified that a trial court's decision to compel or deny enforcement of a contractual arbitration provision constitutes a "final order" that triggers the 45-day appeal period provided under R. 2:4-4. Hayes v. Turnersville Chrysler Jeep, Docke...
Enforcing Arbitration Agreements New Jersey Supreme Court In a 5-1 majority decision, the New Jersey Supreme Court in Dever v. Sanford Brown Institute (075074) (A-31-14)(June 14, 2016) handed consumers a victory by declining to enforce the provision of an arbitration agreement involving the claims of two disgruntled students who had enrolled i...
Perfect timing. Just a few weeks before Super Bowl 50, a federal appeals court has rejected a class action lawsuit filed by two disgruntled football fans against the National Football League (NFL) for allegedly violating the New Jersey Consumer Fraud Act and New Jersey Ticket Law regarding the sale of Super Bowl tickets. Finkelman v. National Foo...
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