Vivint Solar Can't Force Arbitration Of Fraud Claims Yet

Law360 (December 2, 2020, 6:45 PM EST) -- The New Jersey Appellate Division on Wednesday overturned a trial court ruling that an arbitrator must decide whether a customer pursuing fraud claims and a Vivint Solar unit had formed an arbitration agreement, ruling in a published opinion that it was the court's job to make that finding.

A three-judge appellate panel reversed Superior Court Judge Donald J. Stein's Jan. 29 order granting Vivint Solar Developer LLC's motion to compel arbitration based on an arbitration provision in a residential solar power purchase agreement, or RSPPA, that plaintiff Melissa Knight claims she never signed.

The judge said "the arbitrator shall decide the...

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