Noah A. Schwartz is a member of the firm’s Business Law & Litigation department. He regularly handles complex litigation on behalf of individuals and businesses in the state and federal courts of New Jersey and Pennsylvania and before JAMS, FINRA and the AAA. Noah has advised on difficult cases from inception through conclusion, including arbitration, settlement and bench trials, both on his own and under the guidance of partners. His litigation experience runs from tort defense, class actions, coverage disputes and consumer protection/TCCWNA matters, to will contests and guardianships.
Prior to entering private practice, Noah served as law clerk to the Hon. Michael J. Hogan, P.J. Ch. (Ret.) of the Superior Court of New Jersey where he drafted bench memoranda and opinions in cases where the primary relief sought was quitable in nature, including cases involving corporate governance, partnership disputes, corporate dissolutions, probate matters and guardianships.
Noah received his J.D. from Rutgers University School of Law – Camden, in 2009, where he was an articles editor for the Rutgers Journal of Law and Public Policy. He also served the citizens of Camden through his participation in the Rutgers Civil Practice Clinic. He received his B.A. from Rutgers in 2002.
Admissions
- New Jersey (2009)
- Pennsylvania (2009)
- U.S.D.C., District of New Jersey (2010)
- Eastern District of Pennsylvania (2013)
Memberships
- American Bar Association
- Chabad Lubavitch of Camden and Burlington Counties, Board Member
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 to...
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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 - slow...
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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 them...
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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 form...
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