Schwartz v. Menas, ___ N.J. ___ (2022). [Disclosure: I argued this case for the successful plaintiffs, having handled the appeal along with co-counsel, Giovanni DePierro of DePierro Radding]. In 1936, the Court of Errors and Appeals decided Weiss v. Revenue Building & Loan Ass’n, 116 N.J.L. 208 (E. & A. 1936). That case held that a new business could never claim lost profits as an element of damages in a lawsuit and established in New Jersey what has been called the “new business rule.” Though the Appellate Division had severely and repeatedly criticized that ruling and had urged the Supreme Court to overrule Weiss, and though most other jurisdictions had abandoned their own similar new business rules, our Supreme Court did not do so. read more

Today, Chief Justice Rabner issued the 2022-2023 General Assignment Order. From an appellate perspective, the headline news is that Judges Fisher, Sabatino, and Fasciale have been temporarily assigned to the Supreme Court effective September 1. The Chief Justice issued an order to that effect today as well, as discussed here. read more

The Supreme Court has been functioning for months with four Justices, plus Judge Fuentes on temporary assignment. Judge Fuentes is due to retire on September 1. At that time, the Court will lack a quorum, as Article VI, section 2, paragraph 1 provides that five members of the Court shall constitute a quorum. read more

Most Appellate Division oral arguments occur in a few locations, such as Trenton, Newark, Morristown, and Hackensack (though that is not an exhaustive list). Occasionally, however, the Appellate Division sits in other locations, in order to permit “an opportunity for students, attorneys, and the public to observe the appellate process.” read more

Norman International, Inc. v. Admiral Ins. Co., ___ N.J. ___ (2022). This case arose out of an injury to an employee of Home Depot in Nassau County, New York while he was using a blind cutting machine that was maintained by one of the plaintiffs (“Richfield”). The employee sued Richfield for his injuries. Richfield notified its insurer, defendant Admiral, but Admiral invoked an exclusion and contended that Admiral was not obligated to assign counsel to represent Richfield or to indemnify Richfield against any damages awarded to the employee. read more

France v. Bernstein, ___ F.4th ___ (3d Cir. 2022). As Judge Jordan said in his opinion for the Third Circuit today, “[i]t’s a steep climb to vacate an arbitration award.” Under the Federal Arbitration Act, 9 U.S.C. 10(a) (“FAA”), there are only four grounds for doing so: “(1) where the award was procured by corruption, fraud, or undue means; (2) where there was evident partiality or corruption in the arbitrators, or either of them; (3) where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party have been prejudiced; or (4) where the arbitrators exceeded their powers, or so imperfectly executed them that a mutual, final, and definite award upon the subject matter submitted was not made.” Today’s case involved a claim that an arbitration award was procured by fraud. read more

The dog days of summer often see the Supreme Court and the Appellate Division issuing opinions in cases argued earlier in the Term. The Third Circuit is often more active than those other courts in issuing opinions during the summer. read more

This blog will soon have a new appearance. The nature of the blog will not change when that new look appears. This post is just so readers will not be taken by surprise when the blog looks different than it has for its nearly twelve years of existence. read more