News & Publications

On May 16, 2024, the Supreme Court of the United States held that when a federal district court determines that claims in a lawsuit are subject to arbitration and a party requests a stay, the Federal Arbitration Act (FAA) requires the court to issue a stay pending arbitration and the court lacks the discretion to dismiss the lawsuit. Quick Hits The Supreme Court held that Section 3 of the FAA requires federal courts to grant [...]

Wilentz attorneys Lynne M. Kizis, co-chair of the Mass Tort/Class Action team, and Joseph Carlo co-authored the article featured in the New Jersey Law Journal's Product Liability & Class Action annual supplement. They review the New Jersey case law on the enforceability of browsewrap and clickwrap agreements in light of the recent Santana v. SmileDirectClub decision. Online retailers have increasingly favored these online agreements, which can remove many future plaintiffs from litigation due to their standard arbitration [...]

Three cases, all argued this term before the United States Supreme Court and likely to be decided in June, carry major implications for litigation between federal agencies and regulated entities. Depending on the Court's decisions, these cases may overturn one longstanding doctrine of administrative law, and substantially alter the landscape of another. In both areas, private litigants subject to federal regulations may have new arguments and even new claims available to them as a result. [...]