NJ Justices Uphold Evidence Exception for Lost Arbitration Deals

In a boon to corporations seeking to keep consumer and employment lawsuits out of court, the New Jersey Supreme Court on Wednesday upheld an evidence exception letting businesses rely on arbitration agreements they can’t find.

The justices’ unanimous ruling upheld the ability of businesses to claim that they sent arbitration agreements according to their routine practice, an exception to the rule of evidence that lets in contracts or terms even when a party can’t find the exact document or email showing the document existed.

But corporations that can’t locate a document must still show evidence of the practice through “the ...