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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!