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Appeals Court Invalidates Employment Arbitration Agreement For Failure To Designate The Arbitration Forum And Process

Posted by October 18, 2018 , ,

New Jersey employers must be mindful of the Appellate Division's recent decision negating an arbitration agreement that failed to identify the arbitration forum or the method by which arbitration would be conducted.  Flanzman v. Jenny Craig, Inc., et al., Docket No. A-2580-17T1 (App. Div. October 17, 2018). In this particular case, an 82-year ol ... Read More.

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Orders Compelling or Denying Contractual Arbitration Provisions Are Directly Appealable

Posted by February 22, 2018 , , ,

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 ... Read More.

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Residential Real Estate Contract Can Be Cancelled By Email and Fax, Says NJ Supreme Court

Posted by April 17, 2017 ,

As technology changes the law must adapt. The New Jersey Supreme Court now recognizes that email and fax are each acceptable means of terminating a residential real estate contract within the 3-day attorney review period. Conley v. Guerrero (A-65-16)(April 6, 2017). In Conley the New Jersey Supreme Court had to revisit its earlier precedent establ ... Read More.

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NJ Supreme Court Strikes Down Provision of Arbitration Agreement in Favor of Consumer Plaintiffs

Posted by June 18, 2016 , ,

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 ... Read More.

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