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JetSmarter files motion to dismiss lawsuit brought by member, cites arbitration clause in agreement

By Charmaine Little | Jun 10, 2019

TRENTON, N.J. (Legal Newsline) – On May 31, JetSmarter Inc. asked the U.S. District Court for the District of New Jersey to grant its motion to dismiss and a compel a former member who is suing them into arbitration.

JetSmarter and co-defendant James Tornabene filed a motion to dismiss and compel arbitration after Renee Kesner sued them over allegations of breach of contract, breach of the covenant of good faith and fair dealing, consumer fraud, respondeat superior, fraud, unjust enrichment and violation of New Jersey’s Truth-In-Consumer Contract Warranty and Notice Act (TCCWNA). She filed the suit in the Superior Court of New Jersey in Essex County in April.

Kesner had been a JetSmarter member but sued after some of her perks allegedly were reduced. When she signed up to be a member, the defendants noticed in their motion she also had to agree to arbitration should any issues arise, they argue.

“Given that there are multiple proceedings commenced by other members alleging the same or similar claims as plaintiff that are currently pending in other arbitrations, this action should be compelled to arbitration so it may be coordinated with the other arbitrations to achieve judicial economy, avoidance of inconsistent results, and conservation of the parties’ resources,” said the defendants in their motion.

The defendants stated that the terms and conditions that Kesner agreed to when she swiped a button on the JetSmarter app to become a member included a binding arbitration agreement. Kesner allegedly also had to agree to the terms and conditions each time she remitted an invoice for her membership, the motion states. The defendants said the terms were available via hyperlinks in the invoices she received.

“If plaintiff had clicked on any of these hyperlinks, she would have been able to access the membership agreement as well,” the motion states.

The defendants allege this case complies with the Federal Arbitration Act. which states that in order to compel arbitration, it has to be proven that a valid arbitration clause is in effect, and has to be determined the lawsuit is inside the scope of the arbitration agreement. Considering it pointed to the arbitration inside the terms and conditions Kesner allegedly agreed to, as well as noted multiple other lawsuits similar to Kesner’s that are currently in arbitration, the defendants said both prongs are satisfied.

The defendants are represented by Gordon Rees Scully Mansukhani of Florham Park, New Jersey. The plaintiff is represented by the Law Offices of Bruce E. Baldinger in Morristown, New Jersey.

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