Roach v. BM Motoring, LLC, 228 N.J. 163 (2017).  Plaintiffs bought used cars from defendants.  In connection with those purchases, plaintiffs signed Dispute Resolution Agreements (“DRA’s”) that required any disputes to be arbitrated “in accordance with the rules” of the American Arbitration Association (“AAA”).  Several months later, plaintiffs filed for arbitration with the AAA, asserting claims under consumer protection statutes.  The DRA&

Midland Funding, LLC v. Bordeaux, 447 N.J. Super. 330 (App. Div. 2016).  This was a small claims case in which plaintiff sought to collect a consumer debt as to which it was an assignee.  After defendant filed an answer and a counterclaim under the Fair Debt Collection Practices Act, 15 U.S.C. §1692 et seq., plaintiff answered that counterclaim, and the parties began discovery, plaintiff moved to compel arbitration.  That motion was based on submission of a purported arbitrat

Tagayun v. AmeriChoice of New Jersey, Inc., 446 N.J. Super. 570 (App. Div. 2016).  As Judge Higbee noted in her opinion for the Appellate Division today, Rule 1:4-8 or N.J.S.A. 2A:15-59.1, which afford sanctions for frivolous litigation, “must both be interpreted strictly against the applicant for an award of fees.”  Sanctions are not warranted whenever “a party is wrong about the law and loses their case.”  Today’s opinion reversed two