Waiver

The Supreme Court Reverses in Comprehensive Neurosurgical v. The Valley Hospital

Comprehensive Neurosurgical, P.C. v. The Valley Hospital, 257 N.J. 33 (2024). As discussed here, the question presented to the Supreme Court in this appeal, which was the subject of today's...

To Start the Week, A Catch-Up Post

While the Supreme Court has been quiet since it handed down this decision, the Appellate Division has issued six published opinions during the recent period. Here are summaries of those...

As the New Term Begins, The Supreme Court Takes up Five New Appeals

Kicking off the new Term, the Supreme Court announced that it has granted review in five new cases. Four of those are civil cases, while one is a criminal matter...

Different Standards for Miranda Warnings to Juveniles: The Appellate Division Says "No" But Doesn't Close That Door

State of New Jersey in the Interest of M.P., 476 N.J. Super. 242 (App. Div. 2023). This magnum opus by Judge Susswein today holds that the Law Division erred in...

School Board Has No Duty to Notify Tenured Full-Time Teachers Who Seek to Move to Part-Time That They May Lose Tenure Rights, But Boards are "Encourage[d]" To Do So

Parsells v. Somerville Bd. of Educ., 254 N.J. 152 (2023). Justice Fasciale wrote the Court's unanimous opinion in this case today. Plaintiff lost on the legal issue that prompted the...

Two Arbitration-Related Appeals for the Supreme Court

The Supreme Court announced that it has granted certification in two new appeals. Those cases each involve arbitration, though in differing respects. In County of Passaic v. Horizon Healthcare Services...

A Class Action Waiver is Unenforceable Absent a Mandatory Arbitration Provision

Pace v. Hamilton Cove, 475 N.J. Super. 568 (App. Div. 2023). Class action waivers have infested numerous areas of our commercial lives, including cellphone contracts, banking agreements, and other documents...

Another "Kind for Kind" Affidavit of Merit Decision

Pfannenstein v. Surrey, 475 N.J. Super. 83 (App. Div. 2023). At least since Buck v. Henry, 207 N.J. 377 (2011), and Nicholas v. Mynster, 216 N.J. 463 (2013), New Jersey's...

Trial Judges Have Discretion in What Order to Address Suppression Motions in the Family Part or Waivers to the Criminal Part in Criminal Cases Involving Juveniles Sought to be Tried as Adults

State ex rel. E.S., 252 N.J. 331 (2022). As discussed here, last year the Appellate Division addressed the "unsettled" question of which should come first in a criminal case involving a...

Fraud in the Inducement Claim Won't Defeat Forum Selection Clause Unless Fraud Involved That Clause Specifically

Largoza v. FKM Real Estate Holdings, Inc., 252 N.J. Super. 331 (App. Div. 2022). A line of federal cases that includes Prima Paint Corp. v. Flood & Conklin Mfg. Co., 388...

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