Bendit Weinstock's Associate, Kay Gonzalez, prevailed in a Published Appellate Division Decision finding an Arbitration Clause to be unenforceable.
The Appellate Division found that a non-parent/non-guardian did not have apparent authority sufficient to bind a minor to the terms of an Arbitration Clause within an Agreement to Participate, particularly where defendants’ reliance upon apparent authority was unreasonable.
This decision sets a significant precedent moving forward protecting minors from unfair Arbitration Clauses and protecting the right to a trial.
See the full published decision here: https://njcourts.gov/attorneys/assets/opinions/appellate/published/a3519-19.pdf?c=AoR
