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11 New Jersey opinions name it 2 courts 2014–2025 2 in the last five years
The cases below were cited by New Jersey courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Patricia Atalese v. U.S. Legal Services Group, L.P. (072314)green2 sentences2025"Our jurisprudence has stressed that when a contract contains a waiver of rights – whether in an arbitration or other clause – the waiver 'must be clearly and unmistakably established.'" Atalese, 219 N.J. at 444 (quoting Garfinkel v. Morristown Obstetrics & Gynecology Assocs., P.A., 168 N.J. 124, 132 (2001)). 2020“Our jurisprudence has stressed that when a contract contains a waiver of rights -- whether in an arbitration or other clause -- the waiver ‘must be clearly and unmistakably established.’” Atalese, 219 N.J. at 444 (quoting Garfinkel, 168 N.J. at 132 ). | 2 | 8 |
Annemarie Morgan v. Sanford Brown Institute(075074)green2 sentences2019See 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 | 2 | 3 |
Garfinkel v. Morristown Obstetrics & Gynecology Associates, P.A.green2 sentences2025"Our jurisprudence has stressed that when a contract contains a waiver of rights – whether in an arbitration or other clause – the waiver 'must be clearly and unmistakably established.'" Atalese, 219 N.J. at 444 (quoting Garfinkel v. Morristown Obstetrics & Gynecology Assocs., P.A., 168 N.J. 124, 132 (2001)). 2021The Atalese Court emphasized that when a contract contains a waiver of rights—whether in an arbitration or other clause—the waiver "must be clearly and unmistakably established." Thus, a "clause depriving a citizen of access to the courts should clearly state its purpose." We have repeatedly stated that "[t]he point is to assure that the parties know that in electing arbitration as the exclusive remedy, they are waiving their time-honored right to sue." [Id. at 444 (alterations in original) (citations omitted) (quoting Garfinkel, 168 N.J. at 132 ).] "In evaluating the existence of an agreement | 1 | 8 |
Marchak v. Claridge Commons, Inc.green2 sentences2021The Atalese Court emphasized that when a contract contains a waiver of rights—whether in an arbitration or other clause—the waiver "must be clearly and unmistakably established." Thus, a "clause depriving a citizen of access to the courts should clearly state its purpose." We have repeatedly stated that "[t]he point is to assure that the parties know that in electing arbitration as the exclusive remedy, they are waiving their time-honored right to sue." [Id. at 444 (alterations in original) (citations omitted) (quoting Garfinkel, 168 N.J. at 132 ).] "In evaluating the existence of an agreement 2014Thus, a “clause depriving a citizen of access to the courts should clearly state its purpose.” Ibid. (quoting Marchak, supra, 134 N.J. at 282 , 633 A.2d 531 ). | 1 | 2 |
MILAGROS ROMAN VS. BERGEN LOGISTICS, LLC (L-2652-17, BERGEN COUNTY AND STATEWIDE)green1 sentence2021However, "[a] party who enters into a contract in writing, without any fraud or imposition being practiced upon him, is conclusively presumed to understand and assent to its terms and legal effect." Roman v. Bergen Logistics, LLC, 456 N.J. | 1 | 1 |
Michael E. Hirsch v. Amper Financial Services, LLC (070751)green1 sentence2021The Atalese Court emphasized that when a contract contains a waiver of rights—whether in an arbitration or other clause—the waiver "must be clearly and unmistakably established." Thus, a "clause depriving a citizen of access to the courts should clearly state its purpose." We have repeatedly stated that "[t]he point is to assure that the parties know that in electing arbitration as the exclusive remedy, they are waiving their time-honored right to sue." [Id. at 444 (alterations in original) (citations omitted) (quoting Garfinkel, 168 N.J. at 132 ).] "In evaluating the existence of an agreement | 1 | 1 |
Leodori v. Cigna Corp.green2 sentences2019See 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 | 1 | 1 |
At&T Mobility LLC v. Concepciongreen1 sentence2019Our jurisprudence has stressed that when a contract contains a waiver of rights – whether in an arbitration or other clause – the waiver 'must be clearly and unmistakably established.'" Id. at 444 (citation omitted). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Blann
green
2 sentences2015Furthermore, we find plaintiffs’ contention that Blann , which addressed the issue of when a criminal defendant’s waiver of a jury trial was knowing and voluntary, see Blann, supra, 217 N.J. at 518 , 90 A.3d 1253 is applicable in resolving the present dispute to be without sufficient merit to warrant further discussion in a written opinion. 2015Furthermore, we find plaintiffs’ contention that Blann , which addressed the issue of when a criminal defendant’s waiver of a jury trial was knowing and voluntary, see Blann, supra, 217 N.J. at 518 , 90 A.3d 1253 is applicable in resolving the present dispute to be without sufficient merit to warrant further discussion in a written opinion. | 2 | 2015–2015 |
Martindale v. Sandvik, Inc.
green
2 sentences2019See 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 | 1 | 2019–2019 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.