
Joel N. Kreizman
Partner
732-568-8363 jkreizman@sh-law.comFirm Insights
Author: Joel N. Kreizman
Date: March 31, 2015

Partner
732-568-8363 jkreizman@sh-law.comU.S. Legal Services Group has petitioned the U.S. Supreme Court to determine whether the New Jersey arbitration decision conflicts with the Federal Arbitration Act (FAA).
As previously discussed on the Scarinci Hollenbeck Business Law News Blog, the New Jersey Supreme Court ruled in U.S. Legal Services Group v. Atalese that arbitration clauses in consumer contracts must explicitly express that the party is forfeiting the right to sue in court. If not, the agreements will not be enforced.
The arbitration agreement at issue states: “In the event of any claim or dispute … the claim or dispute shall be submitted to binding arbitration upon the request of either party upon the service of that request on the other party…. Any decision of the arbitrator shall be final and may be entered into any judgment in any court of competent jurisdiction.”
In its petition for certiorari, U.S. Legal presents the following question: “Whether the Federal Arbitration Act preempts a state-law rule holding that an arbitration agreement is unenforceable unless it affirmatively explains that the contracting party is waiving the right to sue in court.”
To support its case, U.S. Legal argues the New Jersey Supreme Court’s decision is at odds with the FAA and the decisions of numerous other courts, including the Third Circuit Court of Appeals. Its petition further argues that, if left uncorrected, the court’s decision will invalidate scores of arbitration agreements, noting that the rule is a “radical departure from innumerable contracting parties’ settled expectations.”
U.S. Legal also contends that the conflict between the position adopted by the New Jersey Supreme Court and other courts will lead to forum shopping. “[A]ny time a dispute arises in a case involving an arbitration agreement that does not meet the New Jersey Supreme Court’s clear-and- unambiguous requirement, parties seeking to litigate will try their utmost to sue in New Jersey state court, while parties seeking to arbitrate will attempt the opposite,” the brief states.
To date, several groups, including the U.S. Chamber of Commerce, have filed amicus curiae briefs in support of U.S. Legal. We will be closely tracking the status of this case and will post an update here should the Supreme Court decide to grant review.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]
Author: Michael Mietlicki

When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]
Author: Sean M. Pena

For battery energy storage system (BESS) developers, securing equipment and site control is only part of the development equation. A project must also connect to the electric grid, and increasingly, BESS interconnection is one of the biggest sources of schedule, cost, and contractual risk. Key Takeaways This article is Part 3 of our Battery Storage […]
Author: Nicholas Wall

Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]
Author: Michael Mietlicki

For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]
Author: Nicholas Wall

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]
Author: Michael Mietlicki
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!