You searched for: Arbitration Agreement

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General Search Results:

• 06.20.2022

  Genova Burns Secures Victory for Client - District Court in Connecticut Compels Arbitration in Lawsuit Against Solar Company
  In a recent decision in the U.S. District Court for the District of Connecticut, Genova Burns LLC secured a victory for client Venture Home Solar, LLC (Venture Home). Three plaintiffs in the case sued alleging violations of Connecticut’s consumer protection laws in connection with Venture Home’s installation of solar panel systems in residential homes. Two of the plaintiffs contracted with different companies, Sunnova Energy Corporation (Sunnova) and Sun Power Capital LLC (Sun Power) for their solar panels, but their contracts provided that Venture Home would be the “Subcontractor/Installer” or “Dealer/Installer” of their solar panel systems. The Sunnova and Sun Power contracts contained provisions requiring that the plaintiffs arbitrate their disputes on an individual basis. Trying to avoid arbitration, the plaintiffs sued Venture Home in Court.

• 02.25.2022

  To Be Blunt: The NJLAD Does Not Bar Arbitration of Medical Marijuana User’s Employment Claims
  On February 15, 2022, the New Jersey Appellate Division upheld a trial court Order compelling arbitration of discrimination and wrongful termination claims brought by a former employee who was terminated for testing positive for marijuana. In a matter of first impression, the Appellate Division in Antonucci v. Curvature Newco, Inc. held that federal law governing arbitration preempts a 2019 amendment to the New Jersey Law Against Discrimination (NJLAD) invalidating employment agreements that require employees to waive certain rights, with respect to discrimination, retaliation, and/or harassment claims.

• 04.12.2021

  Doubling Down on the FAA: NJ District Court Strikes Down the NJLAD’s Prohibition Against Arbitration
  Earlier this year, in a matter of first impression, the Monmouth County Law Division in Janco v. Bay Ridge Automotive Management Corp. held that the amendment to the New Jersey Law Against Discrimination (NJLAD) which prohibits a waiver of any right or remedy available under the NJLAD was superseded by the Federal Arbitration Act (FAA). In its decision on March 25, 2021 in New Jersey Civil Justice Institute v. Grewal, the United States District Court followed suit and enjoined the State AG from enforcing Section 12.7 of the NJLAD that would invalidate arbitration agreements between employers and employees. This decision represents a significant victory for employers on the enforceability of arbitration agreements in harassment, discrimination and retaliation cases in New Jersey.

• 03.08.2021

  FAA Trumps NJLAD: NJ Superior Court Upholds Employer’s Arbitration Agreement in NJLAD Case
  In a matter of first impression, the Monmouth County Law Division in Janco v. Bay Ridge Automotive Management Corp., found that a former employee’s claims brought under the New Jersey Law Against Discrimination were subject to the arbitration agreement that she signed when she was first hired. The Court further held that the recent amendment to the Law Against Discrimination (NJLAD) which prohibits a waiver of any right or remedy available under the NJLAD was superseded by the Federal Arbitration Act.

• 09.21.2020

  NJ Supreme Court Enforces Arbitration Agreement Despite Failure to Specify Forum, Arbitrator, & Governing Law
  On September 11, 2020, in a unanimous decision, the New Jersey Supreme Court found that New Jersey law does not require that an arbitration agreement identify the arbitrator, name the arbitral forum, describe the arbitrator selection process, or provide for the governing law, so long as the agreement to arbitrate includes a clear and unmistakable waiver of the right to a jury or other civil trial of the claims.