908-490-0444Arbitration 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 […]
Read Full Article$600,000 Verdict in Former Vice Principal’s Civil Rights Claim for Constructive Termination
November 13, 2018
Schiller, Pittenger & Galvin, P.C.’s Robert Woodruff recently represented a former vice principal in the Elizabeth School District in a claim for constructive termination due to the board of education’s violation of his civil rights, in particular, interfering with his role as an elected union president. A two-week trial in Union County resulted in a […]
Read Full ArticleInadequate Resolution Requires Yet Another Remand
October 2, 2018
The planning board or board of adjustment’s roll call vote to approve or deny a land use application at the conclusion of a hearing is not the end of the board’s decision making responsibility. The Municipal Land Use Law requires the board to set forth its findings of fact and conclusions in the form of […]
Read Full ArticleSignificant New Jersey Decision Affecting the Rights of Victims of Discrimination in Arbitration
October 2, 2018
In a recent notable decision affecting the rights of litigants in employee discrimination cases, the New Jersey Superior Court, Appellate Division, ruled in Roman v. Bergen Logistics, LLC., et al., Docket No. A-5388-16T3 (August 23, 2018) that an employee cannot be barred from pursuing punitive damage claims in an arbitration proceeding, even if the employee […]
Read Full ArticlePROBATE LITIGATION – NEW YORK APPELLATE DIVISION GRANTS SUMMARY JUDGMENT DISMISSING OBJECTION BASED ON LACK OF TESTAMENTARY CAPACITY BUT NOT WITHOUT SHARP DISSENT
September 21, 2018
In the September 2018 decision of Matter of Giaquinto, 2018 N.Y. Slip Op. 06065 (3d Dept. 2018), the New York Appellate Division, Third Department, affirmed the granting of summary judgment in a probate contest that dismissed an objection that the decedent lacked testamentary capacity. In granting summary judgment on this objection, the Appellate Division recognized […]
Read Full ArticleMotor Vehicle Commission Must Afford In-Person Hearing Upon Request Prior to Revoking or Suspending Motor Vehicle Dealer License
September 4, 2018
On July 18, 2018, in Allstars Auto Group, Inc. v. New Jersey Motor Vehicle Commission, the New Jersey Supreme Court reversed the Appellate Division and held that the Motor Vehicle Commission acted improperly in suspending the licenses of eight motor vehicle dealers prior to holding hearings which had been requested by each dealer. Schiller, Pittenger & […]
Read Full ArticleDo Tax Sale Certificate Holders Have Standing to Challenge a Land Use Approval?
August 7, 2018
Most applicants for a land use approval (subdivision, site plan or variance) have to provide formal notice to the owners of real property within 200 feet of the property that is the subject of the application. However, the list of potential objectors who can oppose the application before the board or challenge an approval afterwards […]
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Freezing the Rules Applicable to Your Land Use Application
August 1, 2018
With New Jersey as probably the most developed state in the nation, all of the easy pieces of property have already been developed. Naturally the developer will want to make the most productive use of the land within the bounds of the local land use ordinance. Municipal land use ordinances are complicated, with lots of […]
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