United States:
Arbitration Agreement Enforceable Despite Limitation On Damages And Mutual Fee Shifting, New Jersey District Court Rules
29 June 2012
Ogletree, Deakins, Nash, Smoak & Stewart
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In Morando v. Netwrix Corp., the employer moved to compel
arbitration of an employee's NJLAD and FLSA claims pursuant to
an arbitration agreement the plaintiff signed when he began
working. Civ. No. 25-7-6183 (D.N.J. April 24, 2012). The court held
that the arbitration agreement was not unconscionable even though
it contained provisions allowing the arbitrator to award reasonable
attorneys' fees and costs to the prevailing party (as opposed
to just "the prevailing plaintiff"), and even though it
also precluded the arbitrator from awarding punitive or exemplary
damages of any kind.
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