Credit: Roman Babakin/Adobe Stock NJ Supreme Court Asked to Uphold Bright-Line Decision on Class Action Waiver Absent Mandatory Arbitration Agreement
"We do urge the court to affirm the bright-line rule articulated by the Appellate Division that class action waivers outside of arbitration are per se unconscionable under New Jersey's public policy as necessary to protect the important public interests that underlie New Jersey's public policy favoring class actions in cases that do meet the requirements under Rule 4:32-1," the plaintiffs' counsel, Miriam S. Edelstein of Costello & Mains, said.
January 17, 2024 at 12:13 PM
6 minute read
At oral arguments Tuesday, the New Jersey Supreme Court weighed an Appellate Division ruling which held that a waiver of the right to maintain a class action claim brought by residents of an apartment building is unenforceable absent a mandatory arbitration agreement.
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