NJ Supreme Court Sides with McCarter, Holds That Class Action Waivers are Enforceable Even When Not Accompanied by Arbitration Provisions

The New Jersey Supreme Court rendered its opinion in Pace v. Hamilton Cove, adopting McCarter’s position that class action waivers may be enforced even when they are not contained in arbitration provisions. McCarter partner Christopher Rojao presented oral argument before the Court on behalf of the Defendants, a New Jersey based real estate holding company and apartment complex, in the putative class action lawsuit asserting claims under the New Jersey Consumer Fraud Act.  The Court enforced the class action waiver contained in the Defendants’ Lease Contract.