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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 “meeting of the minds” and therefore the arbitration provision could not be enforced. Public policy supports … [Read more...] about Arbitration Clause That Does Not Specify Forum for Arbitration Ruled Unenforceable

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 jury verdict awarding the client $600,000. Pre-judgment interest will bring the total … [Read more...] about $600,000 Verdict in Former Vice Principal’s Civil Rights Claim for Constructive Termination

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 a resolution. The resolution is typically drafted by the board’s attorney and adopted at a subsequent meeting. In the event of an appeal the … [Read more...] about Inadequate Resolution Requires Yet Another Remand

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 waived her right to pursue such claims pursuant to the arbitration agreement she signed … [Read more...] about Significant New Jersey Decision Affecting the Rights of Victims of Discrimination in Arbitration

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 the declining cognitive abilities of the decedent but determined that the key … [Read more...] about PROBATE LITIGATION – NEW YORK APPELLATE DIVISION GRANTS SUMMARY JUDGMENT DISMISSING OBJECTION BASED ON LACK OF TESTAMENTARY CAPACITY BUT NOT WITHOUT SHARP DISSENT