The Supreme Court announced that it has granted review in five new appeals. All five involve opinions by three-judge panels of the Appellate Division. But that is where the similarities end. One appeal has an expedited briefing schedule, that appeal and two others are before the Court on grants of certification, and the other two are matters in which the Court granted leave to appeal on somewhat similarly phrased questions presented. All but one of the Appellate Division's opinions appealed from were unpublished ones....
Tomorrow, February 12, a panel of judges on Part F will hear oral argument in Wang v. COA Hudson 99, LLC. The case involves an arbitration clause in a Subscription and Purchase Agreement for a condominium residence unit. Plaintiffs on this appeal, purchasers of the unit, declined to close because, they asserted, the unit was substantially smaller than had been represented to them. Defendants in this case filed a demand for American Arbitration Association ("AAA") arbitration, contending that the buyers had breached the contract by failing to close and that defendants were entitled to retain the buyers' deposit....
The weather has been chilly this week, but the Appellate Division has been heating things up. That court issued published opinions today and on the preceding two days. Here are summaries of those decisions....
The Supreme Court announced that it has granted review in seven new appeals. Two of those matters (one civil and one criminal) involve leave to appeal, while the others are before the Court on grants of certification....
N.A.R., Inc. v. Eastern Outdoor Furnishings A/K/A JC Partners, LLC, ___ N.J. Super. ___ (App. Div. 2025). This opinion by Judge Sabatino is an example of a party that "won the battle but lost the war." Defendant/third-party plaintiff Eastern Outdoor Furnishings ("Eastern Outdoor") asserted that third-party defendant AMD Direct, Inc. ("AMD") violated the New Jersey Franchise Practices Act, N.J.S.A. 56:10-1 et seq. ("NJFPA"), in terminating Eastern Outdoor's alleged franchise to sell AMD's products. The Law Division granted summary judgment to AMD, holding that there was no written agreement that established a franchise relationship....
With the coming of the new year, this blog went onto a new platform. That fact, along with a Supreme Court oral argument and a Committee on Character hearing last week, has left this blog behind as 2025 begins. Our appellate courts, however, have been active. Here are summaries of their January 2025 published opinions to date:...
Rodriguez v. Shelbourne Spring, LLC, ___ N.J. ___ (2024). The first signed opinion of the current Term was by Justice Fasciale. The Court addressed issues relating to whether Hartford Underwriters...
The Supreme Court announced that it has granted certification in two new appeals. One is a criminal matter and the other a civil case. The criminal case is State v....
On Tuesday, October 22, judges on Part E will hear oral argument in Berkoski v. Honda Motor Co. Ltd. The briefing on that appeal, which has been taken from the...
The Supreme Court announced that it has granted review in five new appeals. Two of those entailed motions for leave to appeal, while the Court granted certification in the other...