The U.S. Supreme Court’s recent decision in Kindred Nursing Centers v. Clark, 2017 WL 2039160 (May 15, 2017), calls into question the continuing viability of the New Jersey Supreme Court’s decision in Atalese v. U.S. Legal Services Group, 219 N.J. 430 (2014), cert. denied, 135 S.Ct. 2804 (2015), under the Federal Arbitration Act (FAA).

In Atalese, the New Jersey Supreme Court invalidated an arbitration provision that “did not clearly and unambiguously” state that the plaintiff was “surrendering her right [to be] in court.” Since Atalese, New Jersey courts have invalidated arbitration provisions that failed to comply with the Atalese “clear and unambiguous” rule. However, the U.S. Supreme Court’s decision in Kindred Nursing suggests that any state rule requiring such a “clear and unambiguous” waiver of a court and jury trial may be inherently hostile to arbitration and, therefore, preempted.

This content has been archived.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 Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

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]