07.11.2025NJ Supreme Court Tightens Proof Requirements of Arbitration AgreementIn its recent decision in Gerald Fazio Jr. v. Altice USA, the New Jersey Supreme Court continued its trend of enforcing strict contract formation requirements in consumer contract cases, serving as a counterbalance to the liberal enforcement of arbitration clauses required under federal law. The plaintiff, Gerald Fazio Jr., is a quadriplegic man who had difficulty breathing, rendering him unable to wear a mask. He sued Altice for disability discrimination after Altice would not allow him into a store for not wearing a mask during the COVID-19 pandemic.
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