The New Jersey Supreme Court in September kicked off its 2018-19 term by hearing arguments over the enforceability of a mandatory arbitration clause in an appliance-service insurance contract.
In October, a federal judge granted class certification in an action against a debt collection company over its business practices, and denied the company’s request to arbitrate the issue because that request came two years into the litigation.
In October, the New Jersey Supreme Court agreed to hear the appeals of two auto dealerships who claim that an appeals court wrongly decided that two dissatisfied customers did not have to arbitrate their claims.
Also in October, a state appeals court invalidated an arbitration agreement between a former Jenny Craig employee and the company, ruling that the failure to designate an arbitration forum or process meant that their supposed contract lacked a “meeting of the minds.”
In November, in a case brought by a former executive of East Orange General Hospital involving an arbitration agreement that only one side signed, an appeals court said a judge shouldn’t have rejected a request to arbitrate without holding oral argument or giving a statement of reasons.

Advertisement

Courts’ focus on arbitration clauses and their validity, as well as the arbitrability of disputes more generally, is nothing new, but such has been a focal point of numerous court opinions and proceedings in New Jersey since the 2018-19 court year began in September.

Lawyers, do you have another interesting case dealing with an arbitration clause or arbitration that we haven’t reported, especially at the Superior Court level? Feel free to send documents or otherwise contact me at dgialanella@alm.com.