Metro Commercial Management Services, Inc. v. Van Istendal, ___ N.J. Super. ___ (App. Div. 2018).  This opinion, issued today, is the first published opinion authored by Judge Firko.  It involves an appeal from a decision of the Chancery Division that granted summary judgment dismissing the counterclaim of defendant, a shareholder who had been employed by plaintiff as an accountant for thirteen years, that invoked the oppressed minority shareholder statute, N.J.S.A. 14A:12-7(1)(c).  The Chancery Division held, and the Appellate Division agreed, that because that counterclaim was premised on...

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Flanzman v. Jenny Craig, Inc., ___ N.J. Super. ___ (App. Div. 2018).  The Appellate Division previously issued its opinion in this case, written by Judge Fasciale, on October 17, 2018, as discussed here.  Today, the court reissued the opinion in a somewhat more expansive form.  The result is the same– an arbitration clause that did not specify a forum or process for the arbitration did not reflect a meeting of the minds and was not enforceable. The new opinion includes a footnote 1 that clarifies that the named individual defendants were dismissed after plaintiff failed to serve them...