Arafa v. Health Express Corp., ___ N.J. ___ (2020). Justice Fernandez-Vina’s opinion today actually involved two consolidated cases, both of which were putative class actions. The issue was whether a contract that the Federal Arbitration Act, 9 U.S.C. 1 et seq. (“FAA”), exempts from its own coverage, can or must be covered by the New Jersey Arbitration Act, N.J.S.A. 2A:23B-1 et seq. (“NJAA”). As discussed here, two different Appellate Division panels reached opposing results. Today, the Supreme Court held that the NJAA applies in the circumstances of these...

The Supreme Court announced that it has granted certification in five new cases. They include a consumer class action, a parole matter, a criminal appeal, and two insurance-related cases. The consumer class action is Baskin v. P.C. Richard & Son, LLC. [Disclosure: I am one of the counsel for plaintiffs, who filed the petition for certification in this case]. The question presented, as phrased by the Supreme Court Clerk’s office, is “Did plaintiffs meet the requirements for class certification under Rule 4:32-1, including numerosity, superiority, and predominance?” The...

The appellate courts have not been idle since the most recent post on this blog. Opinions have been issued, the Supreme Court has taken up more cases for review, and the Appellate Division has entered an Order about scheduling in light of the Covid-19 situation. Here are some summaries: The Supreme Court issued these opinions, the most recent of which (listed first below) was announced this morning: Barla v. Cliffside Park Bd. of Educ., ___ N.J. ___ (2020). At issue, on cross-motions for summary judgment, was the effect of a 2015 collective bargaining agreement that reduced a cap on...