Borough of Carteret v. Firefighters Mutual Benevolent Ass’n, Local 67, ___ N.J. ___ (2021). Under longstanding Supreme Court of New Jersey precedent, an arbitrator’s interpretation of a labor contract is to be upheld as long as that interpretation is “reasonably ...
M.F. v. JONAH (Jews Offering New Alternatives for Healing f/k/a Jews Offering New Alternatives to Homosexuality), _2021 N.J. Super. LEXIS ______ (App. Div. 2021). [Disclosure: I argued this appeal for the successful plaintiffs]. In June 2015, after several years of ...
The Supreme Court announced that it has taken up two more cases. One of those is a criminal appeal, State v. Clark, which is before the Court as of right due to a dissent in the Appellate Division. The question ...
Phoenix Pinelands Corp. v. Davidoff, ___ N.J. Super. ___ (App. Div. 2021). Today’s opinion by Judge Accurso in this case clocked in at 175 pages. It is the longest opinion of the current Term and may be the longest opinion ...
Huggins v. Aquilar, ___ N.J. ___ (2021). Rarely does a dissenting opinion in one case form the basis for a majority opinion (in fact, a unanimous opinion) in a subsequent decision by the same court. But that is essentially what ...
New Jersey Transit Corp. v. Certain Underwriters at Lloyd’s London, ___ N.J. ___ (2021). As summarized here, this was an insurance coverage dispute arising out of Superstorm Sandy. New Jersey Transit sought coverage for damages up to the $400 million ...
Delaney v. Dickey, ___ N.J. ___ (2020). Justice Albin’s opinion for a unanimous Supreme Court in this case today is an important one for attorneys and their clients. The Court held that if an attorney includes in a retainer agreement ...
Supreme Court grants of leave to appeal are infrequent, but the Court’s latest wave of five new cases taken up for review includes three appeals on leave. All of those are criminal matters. The two other newly accepted cases, in ...
MZM Construction Co., Inc. v. New Jersey Building Laborers Statewide Benefit Funds, 974 F.3d 386 (3d Cir. 2020). Decisions about arbitration just keep on coming, from both New Jersey and federal courts. This latest opinion, by Judge Restrepo, addresses what ...
Flanzman v. Jenny Craig, Inc., 244 N.J. 119 (2020). As discussed here, the Appellate Division in this employment discrimination case held that an arbitration provision that did not specify a forum or process for the arbitration did not reflect a ...