The New Jersey Law Journal quotes David Kott in its reporting on the New Jersey Supreme Court’s decision in Kernahan v. Home Warranty Administrator of Florida.
The court ruled that a consumer contract’s arbitration provision was unenforceable because it used confusing and contradictory language. David, who represented a number of New Jersey trade organizations as amici curiae in the case, noted that the court did not reach the argument advanced by McCarter on behalf of those amici that the US Supreme Court’s 2017 decision in Kindred Nursing Centers v. Clark, which upheld a mandatory arbitration clause in a consumer contract, overruled the New Jersey Supreme Court’s 2014 decision in Atalese v. U.S. Legal Services Group, which declined to enforce an arbitration provision. Commenting on the ruling in Kernahan, David said, “We look forward to raising the issue again before the New Jersey Supreme Court in a future case.”