• In Kernahan, New Jersey Supreme Court Rules On the Enforceability of Arbitration Clauses in Consumer Contracts
  • February 6, 2019 | Author: Alan S. Pralgever
  • Law Firm: Greenbaum, Rowe, Smith & Davis LLP - Roseland Office
  • On January 10, 2019, a unanimous decision by the New Jersey Supreme Court in Amanda Kernahan v. Home Warranty Administrator Florida, Inc. reaffirmed a fundamental principle set forth in the Court’s 2014 ruling in Atalese, which provides that an arbitration clause in a consumer contract is unenforceable unless the contract language affirmatively states and unambiguously conveys “that there is a distinction between agreeing to resolve a dispute in arbitration and in a judicial forum.”