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Mashel Law Argues Before Appellate Division

Peter D. Valenzano, Esquire of our firm appeared before the New Jersey Superior Court, Appellate Division to argue the motion court below erred as a matter of law when it enforced an arbitration agreement barring Mashel Law’s client, a victim of workplace sexual harassment, from pursuing punitive damages in arbitration for the harms caused to her by her former employer and supervisor. Mr. Valenzano explained to the three-judge appellate panel sitting in Trenton, New Jersey, that allowing employers to circumvent the statutory remedy of punitive damages provided in New Jersey’s Law Against Discrimination (LAD) runs contrary to the stated public policy embodied in the LAD which seeks to “eradicate the cancer of discrimination”, and the LAD’s prohibition against employer interference with employee’s rights under the statute.

A second question presented by this appeal is whether Mashel Law’s client knowingly and voluntarily entered into the subject arbitration agreement. On this point, Mr. Valenzano argued the motion court erred in concluding as a matter of law that our client knowingly and voluntarily entered into the arbitration agreement. Mr. Valenzano pointed out how the record below is replete with material issues of fact in dispute on this issue as to whether client understood the arbitration agreement served to waive her right to a jury trial and statutory right to pursue punitive damages under the LAD at the time she signed it. Mr. Valenzano argued the motion court should have permitted discovery and/or convened a plenary hearing, to develop material facts sufficient to decide as a matter of law if our client had knowingly and voluntarily entered the arbitration agreement.

The Appellate Division is expected to render a decision regarding this appeal in the near future.

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No person ever wants to use a Labor and Employment Attorney because that indicates that someone has been through a bad experience. From my first contact with them up until our final meeting I was pleased with their professionalism, knowledge, kindness, and customer service. Their attorneys possess integrity and realism. They will fight for you if you have a case. I'm glad I came to Mashel law. While I hope anyone reading this doesn't need an attorney in this area, if you do I highly recommend them. V.S.
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After an offer to settle for a very small amount, I went to Mashel Law Firm. Mr. Mashel and Peter earned me eleven times more than previous offer. Only Mashel law firm can teach your employer the lesson. You should get benefit of their expertise. R.P.
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If you have experienced personal injury and need someone that really can help you with your case, you need to come to Mashel Law. They do their homework. Steve is an excellent attorney with the gift of situational intelligence. This means that, when presented with contrary evidence. He has the insight to get past the misnomers and extract the facts in a manner that places you in a favorable position. This Firm also has the experience, expertise and the forethought to posture your case in the best position, with medical professionals that speak with compelling intelligence and intellect concerning your injury. If you are serious about being represented properly, do not hesitate to contact The Mashel Law Firm. H.L.