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- Title
CK Franchising, Inc. v. SAS Services, Inc. / Defina by Defina v. Go Ahead & Jump 1, LLC.
- Authors
Towle, Griff; Gruenberg, Matthew; Weinberg, Larry
- Abstract
In September 2017, the franchisor defendants filed a motion to compelarbitration and stay further trial court proceedings, arguing that the priorruling by the New Jersey Appellate Court refusing to compel arbitrationwas no longer valid after Kindred Nursing. The court found that this referenceto a waiver of a jury trial sufficiently informed the plaintiff that she wasgiving up her right to bring her claims in court or have a jury resolve thedispute as required under Atalese. Accordingly,based on its interpretation of Atalese and Kernahan, the court held that thearbitration agreement signed by plaintiff's father was unenforceable.
- Subjects
RETAIL franchises; RIGHT to trial by jury; LEGAL judgments
- Publication
Franchise Law Journal, 2020, Vol 39, Issue 3, p448
- ISSN
8756-7962
- Publication type
Article