Can NJ's Arbitration Rule Survive Recent SCOTUS Decision?

'Atalese' vs. 'Kindred Nursing'

, New Jersey Law Journal

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The U.S. Supreme Court's recent decision in "Kindred Nursing," calls into question the continuing viability of the N.J. Supreme Court's decision in "Atalese," under the Federal Arbitration Act (FAA).

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What's being said

  • Matt

    So the Supreme Court is setting up an interpretation of the FAA whereby ANYTIME a state court invalidates an arbitration agreement, it inherently constitutes discrimination against arbitration agreements. It would be far less intellectually dishonest for the SC to hold that arbitration agreements cannot be challenged in a court of law.

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