Search Rutgers Law Library N.J. Court Opinions

1 IDA AZZARO v. BROOKDALE LIVING COMMUNITIES, INC. -- rank: 1000

... policy of this State as expressed by the Legislature in N.J.S.A. 30:13-8.1, one of the key components of the "Nursing Home Responsibilities and Rights of Residents" act (the Act). N.J.S.A. 30:13-8.1 renders void and unenforceable "[a]ny provision or clause waiving ... the arbitration provisions were void as against public policy under N.J.S.A. 30:13-8.1; (2) the FAA is not applicable because the transactions between ... parties did not involve interstate commerce; and (3) even if N.J.S.A. 30:13-8.1 is preempted by the FAA, the arbitration agreements are part ... the FAA does not preempt the anti-arbitration provision in N.J.S.A. 30:13-8.1, that there is insufficient evidence to support the trial court ... satisfied that the FAA preempts the anti-arbitration provision in N.J.S.A. 30:13-8.1. The economic activities performed by these nursing facilities in ...

docket:	a4403-08
court:	New Jersey Superior Court Appellate Division
decided:	2010-02-09
status:	Published
citation:	415 N.J. Super. 272 1 A.3d 806
Document Size:	79867

2 THE ESTATE OF ANNA RUSZALA v. BROOKDALE LIVING COMMUNITIES, INC. -- rank: 997

... policy of this State as expressed by the Legislature in N.J.S.A. 30:13-8.1, one of the key components of the "Nursing Home Responsibilities and Rights of Residents" act (the Act). N.J.S.A. 30:13-8.1 renders void and unenforceable "[a]ny provision or clause waiving ... the arbitration provisions were void as against public policy under N.J.S.A. 30:13-8.1; (2) the FAA is not applicable because the transactions between ... parties did not involve interstate commerce; and (3) even if N.J.S.A. 30:13-8.1 is preempted by the FAA, the arbitration agreements are part ... the FAA does not preempt the anti-arbitration provision in N.J.S.A. 30:13-8.1, that there is insufficient evidence to support the trial court ... satisfied that the FAA preempts the anti-arbitration provision in N.J.S.A. 30:13-8.1. The economic activities performed by these nursing facilities in ...

docket:	a4404-08
court:	New Jersey Superior Court Appellate Division
decided:	2010-02-09
status:	Published
citation:
Document Size:	79716

3 ESTATE OF FRANCIS EAGIN, III v. CAREONE AT EVESHAM -- rank: 777

... 18; or an admission agreement between Eagin and CareOne, see N.J.S.A. 30:13-8.1, documenting the anticipated services. Further, under its long-term care ...

docket:	a0426-23
court:	NJ Superior Court Appellate Division
decided:	2024-02-12
status:	Unpublished
citation:
Document Size:	38045

4 VINCENT STEVEN ONDROF v. CSL SUMMIT, LLC -- rank: 725

... agreement in such a contract violates New Jersey law. See N.J.S.A. 30:13-8.1 (declaring that '[a]ny provision or clause waiving or limiting ... §§ 1-16, when applicable, negates the significance of N.J.S.A. 30:13-8.1. That is, when the FAA applies to an arbitration agreement ... our inquiries during oral argument, the FAA did not remove N.J.S.A. 30:13-8.1 from our statutory law. And the FAA has not been ... Facilities, like Spring Meadows, that fall within the ambit of N.J.S.A. 30:13-8.1, remain bound to its prohibition and we would think they ... N.J. 359, 384 (2007). While we are mindful that N.J.S.A. 30:13-8.1 cannot stand in the way of the enforcement of an ... Arbitration Act, may be held unenforceable in the face of N.J.S.A. 30:13-8.1. A-2223-20 18 do in determining whether it ...

docket:	a2223-20
court:	NJ Superior Court Appellate Division
decided:	2021-11-15
status:	Unpublished
citation:
Document Size:	35147

5 MARY T. KLEINE v. EMERITUS AT EMERSON BREA EMERSON LLC -- rank: 708

... s 2 express prohibition against the enforcement of such agreements, N.J.S.A. 30:13-8.1. 3 See Marmet Health Care Ctr., Inc. v. Brown , 565 ... N.J.S.A. 30:13-1 to -17. 3 N.J.S.A. 30:13-8.1 declares that "[a]ny provision or clause waiving or limiting ... impediment to the indirect enforcement of the policies embedded in N.J.S.A. 30:13-8.1 through the state's licensing power over such facilities. 6 ... liberal federal policy favoring arbitration" is blind — when enacting N.J.S.A. 30:13-8.1. 9 These representatives are identified as "his/her personal representatives ... only wonder whether this is the industry standard despite what N.J.S.A. 30:13-8.1 prohibits — in earlier proceedings a different judge denied arbitration ...

docket:	a4453-14
court:	NJ Superior Court Appellate Division
decided:	2016-06-09
status:	published
citation:	445 N.J.Super. 545 139 A.3d 148
Document Size:	34319

6 BRIAN S. BARBERI, v. 1351 OLD FREEHOLD ROAD OPERATIONS LLC -- rank: 557

... malpractice are 'void as against public policy and wholly unenforceable.' N.J.S.A. 30:13-8.1. A case like this suggests why the Legislature would take ... of New Jersey law the result would be obvious because N.J.S.A. 30:13-8.1 would preclude enforcement of the arbitration provision; the state policy ... dispute that the FAA applies here, 2 we must disregard N.J.S.A. 30:13-8.1 and determine whether the FAA requires the arbitration provision's ...

docket:	a3265-21
court:	NJ Superior Court Appellate Division
decided:	2023-04-28
status:	Unpublished
citation:
Document Size:	14481

7 NANCY SILVERA v. ARISTACARE AT CHERRY HILL, LLC -- rank: 519

... Act's express prohibition against the enforcement of such agreements, N.J.S.A. 30:13-8.1.' Kleine v. Emeritus at Emerson, 445 N.J. Super. 545 ...

docket:	a0519-20
court:	NJ Superior Court Appellate Division
decided:	2021-03-30
status:	Unpublished
citation:
Document Size:	26896

8 ESTATE OF MAUREEN BRIGHT v. ARISTACARE AT CHERRY HILL LLC, -- rank: 514

... Act's express prohibition against the enforcement of such agreements, N.J.S.A. 30:13- 8.1.' Kleine v. Emeritus at Emerson, 445 N.J. Super. 545 ...

docket:	a3640-18
court:	NJ Superior Court Appellate Division
decided:	2020-02-26
status:	Unpublished
citation:
Document Size:	21784

9 DARROL LEVONAS v. REGENCY HERITAGE NURSING AND REHABILITATION CENTER L.L.C. -- rank: 488

... Thus, the FAA preempts the anti-arbitration provision contained in N.J.S.A. 30:13-8.1. Id. at 293. A mandatory arbitration provision in a nursing ...

docket:	a4995-11
court:	NJ Superior Court Appellate Division
decided:	2013-08-29
status:	unpublished
citation:
Document Size:	29688

10 MINNIE PEARL BROWN v. 5101 NORTH PARK DRIVE OPERATIONS LLC MINNIE PEARL BROWN v. 5101 NORTH PARK DRIVE OPERATIONS LLC -- rank: 465

... Thus, the FAA preempts the anti-arbitration provision contained in N.J.S.A. 30:13-8.1. Id. at 293. A mandatory arbitration provision in a nursing ...

docket:	a5372-12 a5372-12
court:	NJ Superior Court Appellate Division NJ Superior Court Appellate Division
decided:	2014-04-23 2014-04-23
status:	unpublished unpublished
citation:
Document Size:	30374