After Atalese, New Jersey Opinions Are Limiting Enforcement of Arbitration Provisions

摘要

Arbitration contract enforcement has been in flux in New Jersey since the state's Supreme Court passed down Atalese v. U.S. Legal Services LP, 219 N.J. 430, 99 A.3d 306 (2014), cert. denied, 135 S. Ct. 2804, 192 L. Ed. 2d 847 (2015). Atalese's primary challenge is the uncertainty the case brings about the enforceability of arbitration clauses in consumer and employment agreements. New Jersey state courts at all levels are declining to compel arbitration, citing a lack of clear contract language specifying that consumers have waived their rights to litigate claims in a court.