Largoza v. FKM Real Estate Holdings, Inc., ___ N.J. Super. ___ (App. Div. 2022). A line of federal cases that includes Prima Paint Corp. v. Flood & Conklin Mfg. Co., 388 U.S. 395 (1967), as well as, in New Jersey state courts, Goffe v. Foulke Management Corp., 238 N.J. 191 (2019), and Van Syoc v. Walter, 259 N.J. Super. 337 (App. Div. 1992), hold that fraud in the inducement challenges to a contract’s arbitration clause are to be treated differently depending on whether the fraud is alleged to have induced the contract generally or the arbitration clause in particular. Among other...

As discussed here, Judge Fisher, the Presiding Judge of the Appellate Division’s Part F, will reach mandatory retirement age on November 29. Chief Justice Rabner has now announced that, as of that same date, Judge Sumners, who had been designated as Acting Presiding Judge of that Part while Judge Fisher was temporarily assigned to the Supreme Court, will become Presiding Judge of Part F. The Order so designating Judge Sumners is available here. Congratulations, Judge...

Chief Justice Rabner issued Orders, effective yesterday, temporarily assigning two trial level judges to the Appellate Division. Judge James Paganelli, who sits in the Essex County Chancery Division, General Equity, is temporarily assigned to Part E of the Appellate Division, while Judge Lisa Puglisi, who sits in the Ocean County Criminal Division, is temporarily assigned to Part B. Both of those assignments are “in addition to” their respective current assignments, and both temporary assignments run from November 14, 2022 through January 8,...