Garfinkel v. Morristown Obstetrics & Gynecology Associates, P.A.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that while arbitration agreements should be construed \liberally in favor of arbitration ... [a] court may not rewrite a contract to broaden the scope of arbitration\
• holding that the \intent expressed or apparent in the writing [] controls\ the interpretation of an arbitration agreement
• explaining that under New Jersey law, “a party’s waiver of statutory rights must be clearly and unmistakably established” and must be “knowing and voluntary” (internal quotation marks omitted)
• explaining that New Jersey’s Law Against Discrimination, N.J.S.A. 10:5-1 to -49, “provides a mechanism by which victims of discrimination may seek redress for their injuries” (citing N.J.S.A. 10:5 -13)
• holding an arbitration clause in the parties’ contract did not constitute an enforceable waiver of plaintiff’s statutory rights under the Law Against Discrimination because the intention was not clearly and unmistakably established
• holding an arbitration clause in the parties' contract did not constitute an enforceable waiver of plaintiff's statutory rights under the Law Against Discrimination because the intention was not clearly and unmistakably established

Source: CourtListener parenthetical corpus (CC0).