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OUR NEUTRALS

Honorable Arthur M. Monty Ahalt (Ret.)
Prince George's County Circuit Court
American, JD 1967; Maryland, BS 1964
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—Warren E. Burger, Chief Justice, U.S. Supreme Court

With the passage of the Federal Arbitration Act of 1925, the United States government firmly established arbitration as viable means of dispute resolution. Federal and state courts have consistently upheld the FAA and supported the services provided...

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TODAY IN ADR / November 21, 2008

 

A federal district court in New Jersey has ruled that the Federal Arbitration Act (FAA) preempts a New Jersey Supreme Court decision holding that a class waiver, if it functions as an exculpatory clause, renders an arbitration agreement unconscionable and therefore unenforceable under New Jersey law.

In Litman v. Cellco Partnership, No. 07-CV-4886, 2008 WL 4507573 (D.N.J. Sept. 29, 2008), Litman and another Verizon customer (collectively, Customers) filed a class action lawsuit alleging that Verizon, their wireless service provider, had unlawfully charged them an administrative fee totaling less than a $1 per month...

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