Noah A. Schwartz

What Does ‘Janus’ Mean for NJ and Its Public Union Membership?

This article originally appeared in the New Jersey Law Journal. In Janus, a 5-4 conservative majority reversed the long-standing right of public sector unions set forth in 'Abood,' to collect fair share agency fees from public employees who chose not to join the union. Under law, private, municipal, state and federal employees have the guaranteed right to...
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When performing the contract isn’t enough: lessons in the doctrine of good faith and fair dealing

Under ordinary contract law, all the parties’ obligations to each other will exist within the four corners of the agreement, pursuant to their “freedom to contract.” However, implied in every contract is a duty of good faith and fair dealing, both in the performance of the contract and in its enforcement. It’s a strange way...
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Do New Jersey Courts Hate Arbitration Clauses?

Arbitration clauses are often used by businesses as part of their comprehensive risk management program. Properly employed, they are enforceable and lead to quick and cost-effective resolutions of disputes with business partners and customers. Improperly employed, or used under abusive circumstances, their use can result in exactly what the clauses were used to avoid -...
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Is Your Exculpatory Clause Worth the Paper it’s Written on?

Today, in an unpublished decision, a New Jersey appellate court held that an overbroad exculpatory clause contained in a fitness services agreement was unenforceable. For those who don’t know or who otherwise live under a rock, exculpatory clauses are everywhere. I signed one basically every time my kids went to a birthday party. Businesses use...
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New Jersey Supreme Court Delivers Possible Death-Knell for TCCWNA Class Actions

Since around 2011, New Jersey businesses such as self-storage facilities, fitness centers and furniture stores have faced an ever-growing number of class-action complaints under the Truth in Consumer Contract, Warranty and Notice Act (TCCWNA) seeking statutory penalties of $100 per customer and attorneys’ fees. The typical case demanded that every customer that entered into a...
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