Contract interpretation

Shadow Juries

BASF Corp. v. Lyondell Chemical Co., 2010 WL 5288645 (App. Div. Dec. 28, 2010). This appeal involved a contract dispute between two corporations. Trial resulted in a judgment for BASF...

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Two Land Use Decisions by the Appellate Division

This week began with two published opinions by the Appellate Division in different areas of municipal land use. Here are summaries:...

A Blizzard of Criminal Law Decisions Last Week

[Couldn't resist the title given last week's major blizzard in New Jersey] Last week was a big week for decisions in criminal appeals. All three of the Supreme Court's opinions last week, and both of last week's published Appellate Division opinions, were in criminal cases. Here are summaries....

A Megan's Law Scoring Appeal for the Supreme Court

The Supreme Court announced that it has granted certification in In the Matter of the Registration of K.M. The question presented, as phrased by the Supreme Court Clerk's office, is "Can conduct committed by a co-conspirator be used to determine a Megan's Law registrant's score on factor two (degree of contact) of the Registrant Risk Assessment Scale?" The Law Division gave a factor two score of zero, but the Appellate Division, in an unpublished per curiam opinion by a two-judge panel, reversed and remanded the case for further proceedings....

Judge Gilson Reminds Us of Two Fundamental Class Action Principles

Paciorkowski v. Jetson Electric Bikes LLC, ___ N.J. Super. ___ (App. Div. 2026). Plaintiff, an attorney, filed a putative class action for consumer fraud and on other theories against defendant He alleged that he had purchased three electric bikes from defendant, that the bikes had several problems that made them essentially unusable by adults, and that New Jersey law effectively made the bikes illegal to use in New Jersey....