A New Jersey appeals court held Sept. 8 that an arbitration clause should be enforced in a state Consumer Fraud Act case, even though it conflicts with the statutory provision for treble damages.
The two-judge panel in Morgan v. Sanford Brown Institute ruled that the problematic portion of the arbitration agreement could be severed, reversing a lower court judge who had refused to compel arbitration because of the clash between the agreement and the remedies available under the Consumer Fraud Act.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Not a Bloomberg Law Subscriber?
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]