Flanzman v. Jenny Craig, Inc., 456 N.J. Super. 613 (App. Div. 2018). The Appellate Division previously issued its opinion in this case, written by Judge Fasciale, on October 17, 2018, as discussed here. Today, the court reissued the opinion in a somewhat more expansive form. The result is the same– an arbitration clause that did not specify a forum or process for the arbitration did not reflect a meeting of the minds and was not enforceable.
The new opinion includes a footnote 1 that clarifies that the named individual defendants were dismissed after plaintiff failed to serve them with the complaint. There is also more extensive new material on page 7 and pages 9-14 of today’s version, which elaborates further on what the panel said in its original ruling about the merits of the case and the panel’s reasoning.
In total, today’s decision is seven pages longer than the prior incarnation. Today’s version, of course, supersedes the prior opinion and is now the authoritative ruling of the Appellate Division.