Another Less-Than-Direct Way of Trying to Impose an Arbitration Scheme Fails

Skuse v. Pfizer, Inc., 457 N.J. Super. 539 (App. Div. 2019).  Sometimes, the first sentence of a judicial opinion tells you all you need to know about the result, even if the full opinion is 35 pages long.  That was ...

Appellate Practice Insights From Judge Vernoia

The guest speaker at last night’s meeting of the NJSBA Appellate Practice Committee was Judge Vernoia.  He offered some of his thoughts and insights about appellate practice and answered questions from Committee members.  It was a very valuable presentation.  Here ...

“Extraordinary Circumstances” Called for Permission to File Late Notice of Tort Claim

O’Donnell v. New Jersey Turnpike Authority, 236 N.J. 335 (2019).  Under the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 et seq. (“TCA”), a person who wishes to file a tort lawsuit against a public entity must file a notice of ...

65 Years Since In re Plainfield-Union Water Co.

On this date in 1954, the Supreme Court decided In re Plainfield-Union Water Co., 14 N.J. 296 (1954).  Along with Handlon v. Town of Belleville, 4 N.J. 99 (1950), discussed here, Plainfield-Union is one of the foundation stones of administrative ...

“Confusing,” “Contradictory,” and “Obscure” Provision of Consumer Contract Claimed to Mandate Arbitration is Held Not to Do So

Kernahan v. Home Warranty Administrator of Florida, Inc., 236 N.J. 301 (2019).  When the Supreme Court grants review based on a particular issue raised by the petitioner, but the petitioner subsequently abandons that issue, the Court has at least three ...

The Supreme Court Answers Certified Questions About the Ticket Resale Law

Finkleman v. National Football League, 236 N.J. 280 (2019).  This opinion by Justice Patterson today answers certified questions posed by the Third Circuit Court of Appeals arising out of a putative consumer class action.   The questions involve N.J.S.A. 56:8-35.1 of ...

Drug Court and Expungements

In re Expungement of Arrest-Charge Records of T.B., 236 N.J. 262 (2019).  Today, the Supreme Court issued its first opinion of 2019, a unanimous ruling by Chief Justice Rabner.  The matter involved three consolidated cases.  The defendants in those cases ...

Reconsideration Motion Was Not Timely “Served,” and Court Thus Had No Subject Matter Jurisdiction Over It

Murray v. Comcast Corp., 457 N.J. Super. 464 (App. Div. 2019).  In this employment case, the issue was whether the Law Division had subject matter jurisdiction to entertain a motion for reconsideration.  On June 9, 2017, the Law Division granted ...

When Can a Municipality or Local Redevelopment Agency Condemn Property as “Necessary for [a] Redevelopment Project”?

Borough of Glassboro v. Grossman, 457 N.J. Super. 416 (App. Div. 2019).  The Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 to -49 (“LRHL”) allows municipalities or redevelopment agencies to acquire by condemnation lands or buildings “necessary for the redevelopment project.”  ...

Judicial Estoppel Applies in Spill Act Cases

Terranova v. General Electric Pension Trust, 457 N.J. Super. 404 (App. Div. 2019).  Judge Moynihan’s opinion in this New Jersey Spill Compensation and Control Act case today addresses whether the doctrine of judicial estoppel is available in cases under that ...