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Appeals Court Invalidates Employment Arbitration Agreement For Failure To Designate The Arbitration Forum And Process

Posted by October 18, 2018 , ,

New Jersey employers must be mindful of the Appellate Division's recent decision negating an arbitration agreement that failed to identify the arbitration forum or the method by which arbitration would be conducted.  Flanzman v. Jenny Craig, Inc., et al., Docket No. A-2580-17T1 (App. Div. October 17, 2018). In this particular case, an 82-year ol ... Read More.

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Judgment Creditors Cannot Partition Property Held by Spouses as Tenants by Entirety

Posted by May 20, 2018 , ,

In a case of first impression the New Jersey Appellate Division crushed the hopes of judgment creditors from forcing a partition sale of property owned by a married couple as tenants by the entirety in order to satisfy the judgment debt obtained against only spouse. Jimenez v. Jimenez, Docket No. A-2495-16 (App. Div. May 8, 2018).  In this famil ... Read More.

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Orders Compelling or Denying Contractual Arbitration Provisions Are Directly Appealable

Posted by February 22, 2018 , , ,

In a published decision issued on February 16, 2018, the Superior Court of New Jersey Appellate Division clarified that a trial court's decision to compel or deny enforcement of a contractual arbitration provision constitutes a "final order" that triggers the 45-day appeal period provided under R. 2:4-4.  Hayes v. Turnersville Chrysler Jeep, Docke ... Read More.

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Should New Jersey Enact a Court Rule Punishing Litigants for Filing Frivolous Appeals?

Posted by December 22, 2016 ,

Unlike the Federal Rules of Appellate Procedure that apply in civil actions appealed from the United States District Court of New Jersey, the Court Rules governing actions filed in the Superior Court of New Jersey (state court) do not include a specific rule allowing a prevailing party to recover legal fees incurred in defending a frivolous appea ... Read More.

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