Credit: Bigstock NJ Appellate Division: Class Action Waiver Unenforceable Absent Mandatory Arbitration Agreement
"Considering our longstanding, fundamental public policy favoring class actions, we hold there is no societal interest in enforcing a class action waiver in a contract that does not contain a mandatory arbitration provision and conclude that the class action waivers in this case are unenforceable as a matter of law and public policy," Judge Richard J. Geiger said.
May 22, 2023 at 06:46 PM
5 minute read
In a class action claim brought by residents of an apartment building, the Appellate Division held, in a published decision, that a waiver of the right to maintain a class action is unenforceable absent a mandatory arbitration agreement.
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