This term there were several state Supreme Court cases of note with respect to commercial law.


The New Jersey Supreme Court again ruled on the recurring issue of the validity of arbitration provisions. In Morgan v. Sanford Brown Institute, __ N.J. __ (2016), the court first addressed whether arbitrability was a question for a court or the arbitrator. Determining that it was a question for a court, the court undertook the determination of whether the arbitration provision at issue was enforceable. A majority held that the provision was not enforceable because the provision failed to inform plaintiffs clearly enough that they were giving up their right to bring any claims in a court. Justice Patterson filed a dissent.

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