James A. Paone II

New Jersey Courts Continue Trend of Invalidating Arbitration Agreements

On October 17, 2018 the Appellate Division decided Flanzman v. Jenny Craig. With its opinion in Flanzman the Appellate Division has continued the recent trend in New Jersey Courts of invalidating arbitration agreements. The Plaintiff had been employed by Jenney Craig for 26 years. At some time during her employment she was required to...
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Supreme Court Decides Individualized Arbitration Enforceable

Yesterday, the United States Supreme Court decided Epic System Corporation v. Lewis and two other companion cases Ernst & Young LLP, et al. v. Morris, et al. and National Labor Relations Board v. Murphy Oil USA, Inc. et. al. holding that contracts between an employer and an employee which provide for individualized arbitration proceedings...
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New Jersey Continues to Chip Away at Mandatory Arbitration Provisions

What Employers Must Consider When Drafting Agreements On August 11, 2017, the Appellate Division of the New Jersey Superior Court decided Dugan v. Best Buy Company Incorporated. In that case, as in a series of recent cases, the Appellate Division struck down an arbitration policy instituted by the Defendant to be used by its employees. In...
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Supreme Court Rules on ‘Forum Shopping’ for Jurisdictions

Court Continues Trend of Restricting Venues Available to Plaintiffs On June 19, 2017, the United States Supreme Court decided the case of Bristol-Myers Squibb (BMS) v. Superior Court of California San, Francisco County, et al. The Court’s decision in BMS represents another in a string of decisions limiting the concepts of general and specific jurisdiction...
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New Decision: Failure to Pay Arbitration Fees Voids Arbitration Agreement

On March 9, 2017, the New Jersey Supreme Court issued a unanimous decision holding that the failure to advance arbitration fees, as required in an arbitration agreement, voids the arbitration agreement and renders it unenforceable. The case Roach and Jackson v. BM Motoring, LLC at al. is the first time the Supreme Court has taken...
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The Current Dispute Regarding Harassment

The suit against Roger Ailes sheds light on recent developments regarding the scope of arbitration provisions in the State of New Jersey. Fox News anchor Gretchen Carlson filed suit against Roger Ailes, Chairman of Fox News, for alleged sexual harassment in the workplace.  She chose to file her suit in State Court in New Jersey.  Subsequently,...
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