Locks Law Firm partner Jonathan Miller and associate James Barry represented the New Jersey Association for Justice (NJAJ) at the Supreme Court of New Jersey as amici. As representatives of the NJAJ, the pre-eminent plaintiff/consumer group in the state of New Jersey, they argued how 2 various cases may affect plaintiffs/consumers across the state.
Mr. Miller, whose almost 40 year history of appellate litigation includes being Chief of Appeals of the Defender Association of Philadelphia, argued two timely issues concerning experts: the sufficiency of the evidence and standards for an expert to render opinions concerning motor vehicle accidents, and whether an adverse inference may be drawn if a defendant does not call its expert to testify.
Mr. Barry argued the enforceability of arbitration clauses in consumer contracts. Specifically, he reviewed the enrollment agreement in Morgan vs. Sanford Brown, which included an arbitration clause that waived student’s rights under the New Jersey Consumer Fraud Act and attempted to bar them from bringing a lawsuit against the school, rather requiring arbitration. These consumer arbitration provisions are nearly always contained in form contracts, which involve no negoation between a consumer and business, meaning these agreements are businesses forcing consumer to give up their Constitutional right to a trial.
