908-490-0444NJ Supreme Court Strikes Down Arbitration Clause Based on Theory of Mutuality of Assent under Ordinary Person Test
March 6, 2019
Both the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1 to 16, and the New Jersey Arbitration Act (NJAA), N.J.S.A. 2A:23B-1 to -32, encourage enforcement of arbitration agreements and speak to the general principle that such agreements are to be favored by the courts. Recently, the United States Supreme Court in Kindred Nursing Ctrs. L.P. […]
Read Full Article$725,000 Settlement in Motor Vehicle Accident
February 7, 2019
Schiller, Pittenger & Galvin, P.C., represented a 30-year old man who, while operating his motor vehicle in a lawful manner in Paterson, New Jersey, was struck by another vehicle traveling the wrong way on a one way street. The vehicle driven by the defendant did not stop at the intersection and broadsided the plaintiff’s vehicle, […]
Read Full Article$342,500 Settlement for Motorcycle Accident
February 7, 2019
Schiller, Pittenger & Galvin, P.C., represented a 43-year old man who was operating his motorcycle on the Garden State Parkway when the trailer being towed ahead of him lost a wheel which came to rest in the roadway. The motorcycle operator struck the wheel and was thrown from the motorcycle, suffering knee and shoulder injuries […]
Read Full Article$180,000 Settlement for Slip and Fall
February 7, 2019
Schiller, Pittenger & Galvin, P.C., represented a 73-year old woman who fell from a raised curb onto a hotel parking lot. The evidence showed that the brick sidewalk had sunk in certain areas, causing her to trip over the curb. She sustained a shoulder rotator cuff tear, which required arthroscopic surgery and, eventually, shoulder replacement.
Read Full ArticleAppellate Division Decision Casts Doubt on Practical Ability of Certain Municipal Officials to Serve on Planning Board
February 5, 2019
The Municipal Land Use Law (MLUL) authorizes municipalities to regulate land use by adopting zoning ordinances and ordinances requiring subdivision and site plan approval. Before doing so, however, the municipality must create a planning board. The MLUL divides the membership of the planning board into classes, which include the mayor (Class I), a member of […]
Read Full ArticlePolice Officer’s Whistleblower Lawsuit Settles for $450,000
December 31, 2018
Robert Woodruff, of counsel to Schiller, Pittenger & Galvin, P.C., recently settled an employment matter on behalf of a police officer for the sum of $450,000. The police officer brought to the attention of his superior officers the failure of the department to adhere to particular training and instructions as set forth by various state […]
Read Full ArticleLarge Land Owner Need Not Seek a Variance Before Challenging Downzoning, but Trial Court Applied Wrong Standard in Invalidating Ordinance
December 14, 2018
The owner of a 206-acre parcel of land in Branchburg Township who challenged a zoning ordinance which greatly reduced the potential number of houses that could be built on the property received a mixed decision on the municipality’s appeal. In Merck Sharp & Dohme Corp. v. Township of Branchburg (App. Div. Dec. 13, 2018), the […]
Read Full ArticleJohn DeMassi Participates in Panel Discussion Regarding Potential Marijuana Legalization
November 30, 2018
On November 28, 2018, Schiller, Pittenger & Galvin, P.C., attorney John DeMassi served as one of three panelists in a continuing legal education seminar sponsored by the Union County Bar Association entitled ”Marijuana and Its Future in New Jersey” two days after a joint legislative committee recommended adoption of S2703 which would legalize, tax, and […]
Read Full ArticleTed Schiller and Perry Pittenger Make Presentations at NJ CAR Academy
November 28, 2018
On November 27, 2018, Ted Schiller, Esq., and Perry Pittenger, Esq., were among lawyers and other professionals making presentations at the New Jersey Coalition of Automotive Retailers (NJ CAR)’s Legal Workshop. Perry Pittenger was paired with the acting director of New Jersey’s Division of Consumer Affairs to discuss NJ CAR’s proposal to amend and modernize […]
Read Full ArticleArbitration Clause That Does Not Specify Forum for Arbitration Ruled Unenforceable
November 13, 2018
On November 13, 2018, by way of published opinion in Flanzman v. Jenny Craig, Inc. the Appellate Division reversed a Law Division order that had compelled arbitration of the dispute. The arbitration agreement did not designate the forum for the arbitration and the appellate court held that this failure resulted in the lack of a […]
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