KERNAHAN v. HOME WARRANTY ADMIN

A-15 September Term 2017 079680.

199 A.3d 766 (2019)

236 N.J. 301

Amanda KERNAHAN, Plaintiff-Respondent, v. HOME WARRANTY ADMINISTRATOR OF FLORIDA, INC. and Choice Home Warranty, Defendants-Appellants.

Supreme Court of New Jersey.

Decided January 10, 2019.


Attorney(s) appearing for the Case

Lori Grifa , Hackensack, argued the cause for appellants (Archer & Greiner, attorneys; Lori Grifa, of counsel and on the briefs, and Michael J. Plata , Hackensack, and Josiah Contarino , Hackensack, on the briefs).

John E. Keefe, Jr. , Red Bank, argued the cause for respondent (Keefe Law Firm and Law Office of Jonathan Rudnick , attorneys; Stephen T. Sullivan, Jr. , Red Bank, and Jonathan Rudnick, Red Bank, on the briefs).

David R. Kott , Newark, argued the cause for amici curiae New Jersey Business and Industry Association, Commerce and Industry Association of New Jersey and New Jersey Chamber of Commerce (McCarter & English, attorneys; David R. Kott, Newark, Edward J. Fanning, Jr. , Newark, and Zane C. Riester , Newark, of counsel and on the briefs, and Steven H. Del Mauro , Newark, on the briefs).

James A. Barry , Cherry Hill, argued the cause for amicus curiae New Jersey Association for Justice (Locks Law Firm and Law Offices of Charles N. Riley, attorneys; James A. Barry, Michael Galpern , Cherry Hill, Andrew P. Bell and Charles N. Riley, Cherry Hill, on the brief).

George W. Conk , South Orange, argued the cause for amicus curiae New Jersey State Bar Association (New Jersey State Bar Association, attorneys; Robert B. Hille , President, Morristown, of counsel and on the brief, and George W. Conk and Timothy E. Dinan , Sparta, on the brief).


In this appeal, we address whether parties to a consumer contract intended to create an agreement to arbitrate through the insertion of language within an alternative dispute resolution provision. See Atalese v. U.S. Legal Servs. Grp., L.P., 219 N.J. 430...

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