Civil Court Rules and Jury Charges

Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Avenue - Edison, NJ 08817

Sunday, October 12, 2014

Patricia Atalese v. U.S. Legal Services Group, L.P. (A-64-12

Patricia Atalese v. U.S. Legal Services Group, L.P. (A-64-12; 072314) 
An arbitration provision – like any comparable contractual provision that provides for the surrendering of a constitutional or statutory right – must clearly and unambiguously notify the consumer that he or she is waiving the right to seek relief in a court of law. The arbitration agreement in this case is unenforceable because it failed to notify plaintiff that, by entering into the agreement, she was surrendering her right to seek relief in a judicial forum.