Another Consumer Arbitration Clause Case, and a Criminal Appeal, for the Supreme Court

The Supreme Court has granted certification in two new cases.  The first is yet another matter involving whether and when consumer disputes can be forced into arbitration.  That case (actually, two consolidated cases) is Goffe v. Foulke Management Corp.  The question presented there, as phrased by the Supreme Court Clerk’s Office, is “Were defendants entitled [to] the dismissal of plaintiffs’ complaints based on the arbitration provisions of the sales contracts under the circumstances presented?”  In a published opinion reported at 454 N.J. Super. 260 (App. Div. 2018) and summarized here, the Appellate Division ruled that it was error to dismiss in favor of arbitration.

The second matter is a criminal appeal, State v. Fowler.  That appeal too is from a published opinion of the Appellate Division, reported at 453 N.J. Super. 499 (App. Div. 2018).  The question presented in that matter, where defendants were convicted of murder and weapons charges, among others, is “Did the trial court’s failure to provide jury instructions on self-defense and lesser-included offenses require reversal of defendants’ convictions?”  The Appellate Division ruled that it was plain error not to give those jury instructions, and the panel vacated defendants’ convictions and remanded for a new trial.  Now the Supreme Court will examine the matter.