New Jersey Supreme Court affirms class action waiver untethered to an arbitration agreement
By EsqSocial Corporation 20/12/24
Takeaway: Following the U.S. Supreme Court’s landmark decision in AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011), numerous courts have upheld class action waiver clauses in mandatory arbitration agreements. But relatively few decisions have addressed the enforceability of class action waivers untethered to arbitration agreements. Earlier this year, however, the New Jersey Supreme Court upheld a class action waiver in a residential lease agreement that did not contain an arbitration...
By: Kilpatrick