Adding to the list of recent decisions from New Jersey courts that invalidated allegedly unclear arbitration agreements, a split New Jersey Supreme Court has ruled that a court, rather than an arbitrator, will need to determine whether parties in a consumer lawsuit had agreed to arbitration.
The state Supreme Court’s decision in Morgan v. Sanford Brown Institute relied on its 2014 decision in Atalese v. U.S. Legal Service Group to reverse the Appellate Division’s prior ruling in the case. The high court noted in the opinion, which was issued June 14, that the intermediate court “did not have the benefit of Atalese at the time they rendered their decision.”
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