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DISCOVER BANK v. SHEA

827 A.2d 292 (2003)

362 N.J. Super. 90

DISCOVER BANK, Plaintiff-Appellant, v. James B. SHEA, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided June 11, 2003.

Attorney(s) appearing for the Case

Ballard, Spahr, Andrews & Ingersoll, and Mark J. Levin of the Pennsylvania bar, admitted pro hac vice, Philadelphia, PA, for appellant (Glenn A. Harris, Voorhees, of counsel and on the brief).

Strange & Carpenter, and Samuel C. Inglese, of the California bar, admitted pro hac vice, for respondent (Brian R. Strange, on the brief).

Before Judges STERN, COBURN and COLLESTER.

PER CURIAM.

Plaintiff appeals from a judgment of the Law Division dismissing its complaint on the grounds that defendant's agreement to arbitrate disputes with plaintiff, prohibiting participation in a class action, was not enforceable in New Jersey. Defendant, a New Jersey resident, instituted an action against plaintiff in California, on behalf of a class of Discover Card credit holders, seeking relief for allegedly improper fees and charges.

While plaintiff...

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