then-existing common law rule (New Jersey) · Go Syfert
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then-existing common law rule in New Jersey

9 New Jersey opinions name it 2 courts 2002–2023 1 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.

Followed or applied (7)

CaseFollowedCited
Gilmer v. Interstate/Johnson Lane Corp.green
scotus · 1991 · cited in 8 New Jersey opinions naming this issue, 2002–2023
2 sentences

2023As our Supreme Court has noted on a number of occasions, Congress's intent in enacting the FAA was "to abrogate the then-existing common law rule disfavoring arbitration agreements 'and to place arbitration agreements upon the same footing as other contracts.'" Martindale v. Sandvik, Inc., 173 N.J. 76, 84 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 24 (1991)).

2020The Federal Arbitration Act (FAA), 9 U.S.C. §§ 1 to 16, was enacted "to abrogate the then-existing common law rule disfavoring arbitration agreements 'and to place arbitration agreements upon the same footing as other contracts.'" Martindale v. Sandvik, Inc., 173 N.J. 76, 84 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 24 (1991)).

88
Martindale v. Sandvik, Inc.green
nj · 2002 · cited in 7 New Jersey opinions naming this issue, 2004–2023
2 sentences

2023As our Supreme Court has noted on a number of occasions, Congress's intent in enacting the FAA was "to abrogate the then-existing common law rule disfavoring arbitration agreements 'and to place arbitration agreements upon the same footing as other contracts.'" Martindale v. Sandvik, Inc., 173 N.J. 76, 84 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 24 (1991)).

2020The Federal Arbitration Act (FAA), 9 U.S.C. §§ 1 to 16, was enacted "to abrogate the then-existing common law rule disfavoring arbitration agreements 'and to place arbitration agreements upon the same footing as other contracts.'" Martindale v. Sandvik, Inc., 173 N.J. 76, 84 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 24 (1991)).

37
Michael E. Hirsch v. Amper Financial Services, LLC (070751)green
nj · 2013 · cited in 1 New Jersey opinions naming this issue, 2018–2018
1 sentence

2018This ruling is contrary to the Federal Arbitration Act (FAA), 9 U.S.C.A. §§ 1 to 16, which "was enacted 'to abrogate the then- existing common law rule disfavoring arbitration agreements[.]'" Hirsch v. Amper Financial Services, LLC, 215 N.J. 174, 187 (2013) (also noting that the New Jersey Arbitration Act, N.J.S.A. 2A:23B- 1 to -32, "is similar in nature to the FAA" and likewise favors the enforcement of arbitration agreements).

11
Epix v. MARSH & McLENNAN COMPANIESred
njsuperctappdiv · 2009 · cited in 1 New Jersey opinions naming this issue, 2018–2018
1 sentence

2018Importantly, the FAA "requires piecemeal resolution when necessary to give effect to an arbitration agreement." EPIX Holdings Corp. v. Marsh & McLennan Companies, Inc., 410 N.J.

11
HOJNOWSKI EX REL. HOJNOWSKI v. Vans Skate Parkgreen
nj · 2006 · cited in 1 New Jersey opinions naming this issue, 2013–2013
2 sentences

2013See Hojnowski v. Vans Skate Park, 187 N.J. 323, 341-42 , 901 A.2d 381 (2006) (noting federal and state preference for enforcing arbitration agreements); Garfinkel v. Morristown Obstetrics & Gynecology Assocs., P.A., 168 N.J. 124, 131 , 773 A.2d 665 (2001) (recognizing “arbitration as a favored method of resolving disputes”). *187 The Federal Arbitration Act (FAA), 9 U.S.C.A. §§ 1 to 16, was enacted “to abrogate the then-existing common law rule disfavoring arbitration agreements ‘and to place arbitration agreements upon the same footing as other contracts.’ ” Martindale v. Sandvik, Inc., 173 N

2013See Hojnowski v. Vans Skate Park, 187 N.J. 323, 341-42 , 901 A.2d 381 (2006) (noting federal and state preference for enforcing arbitration agreements); Garfinkel v. Morristown Obstetrics & Gynecology Assocs., P.A., 168 N.J. 124, 131 , 773 A.2d 665 (2001) (recognizing “arbitration as a favored method of resolving disputes”). *187 The Federal Arbitration Act (FAA), 9 U.S.C.A. §§ 1 to 16, was enacted “to abrogate the then-existing common law rule disfavoring arbitration agreements ‘and to place arbitration agreements upon the same footing as other contracts.’ ” Martindale v. Sandvik, Inc., 173 N

11
Garfinkel v. Morristown Obstetrics & Gynecology Associates, P.A.green
nj · 2001 · cited in 1 New Jersey opinions naming this issue, 2013–2013
2 sentences

2013See Hojnowski v. Vans Skate Park, 187 N.J. 323, 341-42 , 901 A.2d 381 (2006) (noting federal and state preference for enforcing arbitration agreements); Garfinkel v. Morristown Obstetrics & Gynecology Assocs., P.A., 168 N.J. 124, 131 , 773 A.2d 665 (2001) (recognizing “arbitration as a favored method of resolving disputes”). *187 The Federal Arbitration Act (FAA), 9 U.S.C.A. §§ 1 to 16, was enacted “to abrogate the then-existing common law rule disfavoring arbitration agreements ‘and to place arbitration agreements upon the same footing as other contracts.’ ” Martindale v. Sandvik, Inc., 173 N

2013See Hojnowski v. Vans Skate Park, 187 N.J. 323, 341-42 , 901 A.2d 381 (2006) (noting federal and state preference for enforcing arbitration agreements); Garfinkel v. Morristown Obstetrics & Gynecology Assocs., P.A., 168 N.J. 124, 131 , 773 A.2d 665 (2001) (recognizing “arbitration as a favored method of resolving disputes”). *187 The Federal Arbitration Act (FAA), 9 U.S.C.A. §§ 1 to 16, was enacted “to abrogate the then-existing common law rule disfavoring arbitration agreements ‘and to place arbitration agreements upon the same footing as other contracts.’ ” Martindale v. Sandvik, Inc., 173 N

11
Leodori v. Cigna Corp.green
nj · 2003 · cited in 1 New Jersey opinions naming this issue, 2004–2004
2 sentences

2004See also Leodori v. CIGNA Corp., 175 N.J. 293 , *746 302, 814 A. 2d 1098 (2003).

2004See also Leodori v. CIGNA Corp., 175 N.J. 293 , *746 302, 814 A. 2d 1098 (2003).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Patricia Atalese v. U.S. Legal Services Group, L.P. (072314) green
nj · 2014
1 sentence

2023The Court in Atalese explained "[a]n arbitration clause, like any contractual clause providing for the waiver of a constitutional or statutory right, must state its purpose clearly and unambiguously." 219 N.J. at 435 .

12023–2023

Statutes the citing opinions construe

USC § 9u.s.c.1-16 (3)

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.

Where else courts name it

NJ 9 (2002–2023) MI 2 (1990–2023) CA 2 (1984–1986) NY 2 (1972–2002) MD 2 (1986–2006) IN 2 (1998–1998)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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