The Supreme Court of New Jersey Takes Up an Arbitration Case

The Supreme Court of the United States has been very active in granting review of cases seeking to compel arbitration in various contexts.  Now, the Supreme Court of New Jersey has joined in the fun.  The Court announced today that it has granted review in Hirsch v. Amper Financial Services, LLP, an unpublished decision of the Appellate Division issued on April 23, 2012.  The question presented, as phrased by the Clerk’s Office, is “In this action involving multiple parties that arises out of a purchase of securitized notes, can plaintiffs be compelled to arbitrate their claims against parties with whom they did not have an agreement to arbitrate on the basis that legal and factual issues and the relationships among the parties are intertwined?”  The Appellate Division held that arbitration was to be compelled in those circumstances, and observed that this issue is one of New Jersey law rather than federal law.  The Supreme Court will now have the final word.