NJ Appellate Law Blog

How Not to Enter Into a Retainer Agreement

Balducci v. Cige, 456 N.J. Super. 219 (App. Div. 2018). This opinion by Judge Nugent today affirmed a trial level decision, after a plenary hearing, that voided a retainer agreement...

High-Low Agreement Did Not Permit Plaintiff to Recover Attorneys' Fees and Expenses Above the "High" Figure

Serico v. Rothberg, 234 N.J. 168 (2018). As discussed here, last year, the Appellate Division ruled in this medical malpractice case that a "high-low agreement" is a contract, and that...

In Construing Wills and Trusts, "Plain Meaning" of Language Gives Way to "Testator's Probable Intent"

In re Trust of Violet Nelson, 454 N.J. Super. 151 (App. Div. 2018). As Judge Ostrer stated in his opinion in this case today, the issue was "whether a trial...

Where Purported Forum for Arbitration is Non-Existent, Arbitration Agreement Will Not be Enforced

MacDonald v. Cashcall, Inc., 883 F.3d 220 (3d Cir. 2018). There have been some outlandish circumstances in decisions involving arbitration, especially in the class action context. But today's case, a...

Two "Affirmed on the Opinion Below" Rulings From the Supreme Court

Yesterday and today, the Supreme Court did what it does not often do: affirm a decision of the Appellate Division substantially for the reasons expressed by the Appellate Division, rather...

An Anniversary in New Jersey's Law of Contracts

On this date in 1956, the Supreme Court decided Friedman v. Tappan Development Corp., 22 N.J. 523 (1956). Like Newark Publishers' Ass'n v. Newark Typographical Union, 26 N.J. 419 (1956),...

A Brokerage Commission Case, Where the Broker's Third-Party Beneficiary, Unjust Enrichment, and Quantum Meruit Claims Failed

Pollack v. Quick Quality Restaurants, Inc., 452 N.J. Super. 174 (App. Div. 2017). The first paragraph of Judge Gibbons Whipple's opinion for the Appellate Division well encapsulated what this appeal...

Plaintiff is Over the Moon, as the Third Circuit Applies New Jersey's Arbitration Cases to Defeat Defendant's Demand for Arbitration

Moon v. Breathless, Inc., 868 F.3d 209 (3d Cir. 2017). At least since 2014, when the Supreme Court of New Jersey decided Atalese v. U.S. Legal Servs. Grp., L.P., 219...

Two Opinions in Two Days by Justice Solomon

In re Atlantic County, 230 N.J. 237 (2017); In re New Jersey Firemens Association Obligation to Provide Relief Application Under Open Public Records Act, 230 N.J. 258 (2017). On Wednesday...

Residential Mortgage Foreclosure Mediation Program is Meant to Produce Enforceable Settlements, and the Supreme Court Enforces Such a Settlement

GMAC Mortgage, LLC v. Willoughby, 230 N.J. 172 (2017). In 2008, recognizing the effects of the financial crisis on New Jersey homeowners, our Supreme Court established the Residential Mortgage Foreclosure...

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A Privity of Contract Anniversary

On this date in 1984, the Supreme Court decided Arohnson v. Mandara, 98 N.J. 92 (1984). A unanimous opinion written by Justice Schreiber, the opinion was one of a series that cut back on privity of contract as a defense....

Another Supreme Court Per Curiam Affirmance, With an "Attagirl" for Judge Puglisi

Amato v. Township of Ocean School District, ___ N.J. ___ (2025). Yesterday's post included discussion of a per curiam affirmance by the Supreme Court. Today, the Court published another per curiam affirmance in this case. The Court affirmed "substantially for the reasons stated in Judge Puglisi's thorough and thoughtful opinion" for the Appellate Division. That decision was published at 480 N.J. Super. 239 (App. Div. 2024)....

Two Short Ones From the Supreme Court

Supreme Court opinions often extend toward the longer side. This week, however, the Court issued two opinions, both involving administrative agency actions, that were shorter than average. In neither case did more need to be said....

One From the Supreme Court and Two From the Appellate Division

The end of last week saw the issuance of one Supreme Court ruling and two published Appellate Division decisions. Two of those were in criminal appeals. The third involved the exclusion of an expert witness in a medical malpractice case....