disputed claim in New Jersey

2025A waiver of the right to sue in court "must reflect [an agreement to] clearly and unambiguously[] arbitrate the disputed claim." Leodori v. CIGNA Corp., 175 N.J. 293, 302 , cert. denied, 540 U.S. 938 (2003).

2017An employee's waiver of the right to sue in court "must reflect that an employee has agreed clearly and unambiguously to arbitrate the disputed claim." Leodori v. CIGNA Corp., 175 N.J. 293, 302 , cert. denied, 540 U.S. 938 , 124 S. Ct. 74 , 157 L.

2017An employee's waiver of the right to sue in court "must reflect that an employee has agreed clearly and unambiguously to arbitrate the disputed claim." Leodori v. CIGNA Corp., 175 N.J. 293, 302 , cert. denied, 540 U.S. 938 , 124 S. Ct. 74 , 157 L.

2011Co., 184 N.J. 214, 226 , 876 A. 2d 785 (2005) (noting that "just as the parties in a civil action may waive their right to a jury trial, they may waive their right to a jury verdict of five-sixths majority"); Leodori v. CIGNA Corp., 175 N.J. 293, 302 , 814 A. 2d 1098 (holding to be enforceable, under contract-law principles, a waiver-of-rights provision, in which an employee agrees to arbitrate disputes with the employer, "must reflect that the employee has agreed clearly and unambiguously to arbitrate the disputed claim"), cert. denied, 540 U.S. 938 , 124 S.Ct. 74 , 157 L.Ed. 2d 250 (2003); V

2019See Morgan v. Sanford Brown Inst. , 225 N.J. 289 , 308-09, 137 A.3d 1168 (2016) ("[W]hen a contract contains a waiver of rights -- whether in an arbitration or other clause -- the waiver must be clearly *784 and unmistakably established." (internal quotation marks omitted) (quoting Atalese , 219 N.J. at 444 , 99 A.3d 306 ) ); Leodori v. CIGNA Corp. , 175 N.J. 293 , 302, 814 A.2d 1098 (2003) ("[A] waiver-of-rights provision must reflect that an employee has agreed clearly and unambiguously to arbitrate the disputed claim."); Martindale , 173 N.J. at 95 , 800 A.2d 872 (stating in reference to ar

2019See Morgan v. Sanford Brown Inst. , 225 N.J. 289 , 308-09, 137 A.3d 1168 (2016) ("[W]hen a contract contains a waiver of rights -- whether in an arbitration or other clause -- the waiver must be clearly *784 and unmistakably established." (internal quotation marks omitted) (quoting Atalese , 219 N.J. at 444 , 99 A.3d 306 ) ); Leodori v. CIGNA Corp. , 175 N.J. 293 , 302, 814 A.2d 1098 (2003) ("[A] waiver-of-rights provision must reflect that an employee has agreed clearly and unambiguously to arbitrate the disputed claim."); Martindale , 173 N.J. at 95 , 800 A.2d 872 (stating in reference to ar

2017An employee's waiver of the right to sue in court "must reflect that an employee has agreed clearly and unambiguously to arbitrate the disputed claim." Leodori v. CIGNA Corp., 175 N.J. 293, 302 , cert. denied, 540 U.S. 938 , 124 S. Ct. 74 , 157 L.

2011Co., 184 N.J. 214, 226 , 876 A. 2d 785 (2005) (noting that "just as the parties in a civil action may waive their right to a jury trial, they may waive their right to a jury verdict of five-sixths majority"); Leodori v. CIGNA Corp., 175 N.J. 293, 302 , 814 A. 2d 1098 (holding to be enforceable, under contract-law principles, a waiver-of-rights provision, in which an employee agrees to arbitrate disputes with the employer, "must reflect that the employee has agreed clearly and unambiguously to arbitrate the disputed claim"), cert. denied, 540 U.S. 938 , 124 S.Ct. 74 , 157 L.Ed. 2d 250 (2003); V

2025"This provision clearly encompasses pre-dispute agreements to arbitrate," and the New Jersey Arbitration Act "does not prohibit agreements to arbitrate based upon the nature of the disputed claim." Ibid.

2020It accordingly enforced the disputed clause. 2 Ibid.

2019See N.J.R.E. 408 (providing that "evidence of statements or conduct by parties or their attorneys in settlement negotiations, . . . including offers of compromise or any payment in settlement of a related claim, shall not be admissible to prove liability for, or invalidity of, or amount of the disputed claim"); N.J.R.E. 410 (providing similar protections as Rule 408 to criminal defendants and the State in the context of plea negotiations); Williams, 184 N.J. at 447-49 ; Kas Oriental Rugs, Inc. v. Ellman, 394 N.J.

2018Super. 205, 221 (App. Div. 2005), we construed N.J.R.E. 408, which provides that "offers of compromise or any payment in settlement of a related claim, shall not be admissible to prove liability for, or invalidity of, or amount of the disputed claim." We determined that a communication is not a "settlement communication" where the communication "does not contain any 'offer[] of compromise' or other statement related to [a] settlement." Ibid.

2011Co., 184 N.J. 214, 226 , 876 A. 2d 785 (2005) (noting that "just as the parties in a civil action may waive their right to a jury trial, they may waive their right to a jury verdict of five-sixths majority"); Leodori v. CIGNA Corp., 175 N.J. 293, 302 , 814 A. 2d 1098 (holding to be enforceable, under contract-law principles, a waiver-of-rights provision, in which an employee agrees to arbitrate disputes with the employer, "must reflect that the employee has agreed clearly and unambiguously to arbitrate the disputed claim"), cert. denied, 540 U.S. 938 , 124 S.Ct. 74 , 157 L.Ed. 2d 250 (2003); V

2011Co., 184 N.J. 214, 226 , 876 A. 2d 785 (2005) (noting that "just as the parties in a civil action may waive their right to a jury trial, they may waive their right to a jury verdict of five-sixths majority"); Leodori v. CIGNA Corp., 175 N.J. 293, 302 , 814 A. 2d 1098 (holding to be enforceable, under contract-law principles, a waiver-of-rights provision, in which an employee agrees to arbitrate disputes with the employer, "must reflect that the employee has agreed clearly and unambiguously to arbitrate the disputed claim"), cert. denied, 540 U.S. 938 , 124 S.Ct. 74 , 157 L.Ed. 2d 250 (2003); V

2011Co., 184 N.J. 214, 226 , 876 A. 2d 785 (2005) (noting that "just as the parties in a civil action may waive their right to a jury trial, they may waive their right to a jury verdict of five-sixths majority"); Leodori v. CIGNA Corp., 175 N.J. 293, 302 , 814 A. 2d 1098 (holding to be enforceable, under contract-law principles, a waiver-of-rights provision, in which an employee agrees to arbitrate disputes with the employer, "must reflect that the employee has agreed clearly and unambiguously to arbitrate the disputed claim"), cert. denied, 540 U.S. 938 , 124 S.Ct. 74 , 157 L.Ed. 2d 250 (2003); V

2011Co., 184 N.J. 214, 226 , 876 A. 2d 785 (2005) (noting that "just as the parties in a civil action may waive their right to a jury trial, they may waive their right to a jury verdict of five-sixths majority"); Leodori v. CIGNA Corp., 175 N.J. 293, 302 , 814 A. 2d 1098 (holding to be enforceable, under contract-law principles, a waiver-of-rights provision, in which an employee agrees to arbitrate disputes with the employer, "must reflect that the employee has agreed clearly and unambiguously to arbitrate the disputed claim"), cert. denied, 540 U.S. 938 , 124 S.Ct. 74 , 157 L.Ed. 2d 250 (2003); V

2011Co., 184 N.J. 214, 226 , 876 A. 2d 785 (2005) (noting that "just as the parties in a civil action may waive their right to a jury trial, they may waive their right to a jury verdict of five-sixths majority"); Leodori v. CIGNA Corp., 175 N.J. 293, 302 , 814 A. 2d 1098 (holding to be enforceable, under contract-law principles, a waiver-of-rights provision, in which an employee agrees to arbitrate disputes with the employer, "must reflect that the employee has agreed clearly and unambiguously to arbitrate the disputed claim"), cert. denied, 540 U.S. 938 , 124 S.Ct. 74 , 157 L.Ed. 2d 250 (2003); V

2007Co., 121 N.J.L. 366, 370 , 2 A.2d 470 (Sup.Ct.1938), aff'd, 122 N.J.L. 379 , 5 A.2d 691 (E. & A.1939)) (citations omitted).] Obviously, a worker who is permanently and totally disabled from performing his or her job has suffered a physical or psychiatric impairment, and it is reasonable to infer that the impairment adversely affects the individual’s life pursuits unrelated to work.

2007Co., 121 N.J.L. 366, 370 , 2 A.2d 470 (Sup.Ct.1938), aff'd, 122 N.J.L. 379 , 5 A.2d 691 (E. & A.1939)) (citations omitted).] Obviously, a worker who is permanently and totally disabled from performing his or her job has suffered a physical or psychiatric impairment, and it is reasonable to infer that the impairment adversely affects the individual’s life pursuits unrelated to work.

2007Co., 121 N.J.L. 366, 370 , 2 A.2d 470 (Sup.Ct.1938), aff'd, 122 N.J.L. 379 , 5 A.2d 691 (E. & A.1939)) (citations omitted).] Obviously, a worker who is permanently and totally disabled from performing his or her job has suffered a physical or psychiatric impairment, and it is reasonable to infer that the impairment adversely affects the individual’s life pursuits unrelated to work.

2007Co., 121 N.J.L. 366, 370 , 2 A.2d 470 (Sup.Ct.1938), aff'd, 122 N.J.L. 379 , 5 A.2d 691 (E. & A.1939)) (citations omitted).] Obviously, a worker who is permanently and totally disabled from performing his or her job has suffered a physical or psychiatric impairment, and it is reasonable to infer that the impairment adversely affects the individual’s life pursuits unrelated to work.

2007Such payments ‘are in lieu of wages, and are to be received by the injured employee or his dependents in the same manner in which wages are ordinarily paid’; * * * The parties are disabled from contracting out of the statute, so much so as to be deprived of the ordinary right of compromise of a disputed claim.” [ 70 N.J.Super. at 427-28 , 175 A.2d 665 (quoting DiMeglio v. Slonk Constr.

2007Such payments ‘are in lieu of wages, and are to be received by the injured employee or his dependents in the same manner in which wages are ordinarily paid’; * * * The parties are disabled from contracting out of the statute, so much so as to be deprived of the ordinary right of compromise of a disputed claim.” [ 70 N.J.Super. at 427-28 , 175 A.2d 665 (quoting DiMeglio v. Slonk Constr.

2001N.J.R.E. 602, 901; Garafola, supra, 24 N.J.Super. at 42 , 93 A. 2d 608 ; Wilson, supra, 135 N.J. at 18-19 , 637 A. 2d 1237 .

2001N.J.R.E. 602, 901; Garafola, supra, 24 N.J.Super. at 42 , 93 A. 2d 608 ; Wilson, supra, 135 N.J. at 18-19 , 637 A. 2d 1237 .

2001The trial judge granted summary judgment for the defendant, reasoning that the physicians' express non-reliance on the disputed warning meant "that plaintiff would be unable to establish that defendant's warning, if found to be inadequate, was a proximate cause of her condition." Id. at 315 , 606 A. 2d 1140 .

2001The trial judge granted summary judgment for the defendant, reasoning that the physicians' express non-reliance on the disputed warning meant "that plaintiff would be unable to establish that defendant's warning, if found to be inadequate, was a proximate cause of her condition." Id. at 315 , 606 A. 2d 1140 .

2001N.J.R.E. 602, 901; Garafola, supra, 24 N.J.Super. at 42 , 93 A. 2d 608 ; Wilson, supra, 135 N.J. at 18-19 , 637 A. 2d 1237 .

2001N.J.R.E. 602, 901; Garafola, supra, 24 N.J.Super. at 42 , 93 A. 2d 608 ; Wilson, supra, 135 N.J. at 18-19 , 637 A. 2d 1237 .