On Feb. 8, 2023, in County of Passaic v. Horizon Healthcare Services, the New Jersey Appellate Division affirmed the validity of a commercial arbitration agreement that did not contain a jury waiver. While more of a clarification than a radical change in the law, this decision is important. Contracting entities, including those in the health care industry, need to approach language differently depending on whether they are dealing with a consumer or employment agreement or an arm's-length commercial contract.