In the last several weeks, this blog has largely focused on Supreme Court decisions and grants of review. That was not meant to slight the Appellate Division, whose judges have made some important rulings as well. Here are summaries of some of the most significant published rulings of the Appellate Division during that period: Sosa v. Massachusetts Bay Ins. Co., ___ N.J. Super. ___ (App. Div. 2019). In an opinion by Judge Ostrer that focused on the language and effect of a water damage exclusion in the subject homeowner’s insurance policy, the Appellate Division reversed a summary...
May
20
Jan
10
“Confusing,” “Contradictory,” and “Obscure” Provision of Consumer Contract Claimed to Mandate Arbitration is Held Not to Do So
Posted by Bruce D. Greenberg on Jan 10, 2019 in Class actions, Consumer protection, Contract interpretation, Effect of decisions by other courts, Judges, Standards of review, Supreme Court of New Jersey | 0 comments
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Nov
21
Bermeo v. Bermeo, 457 N.J. Super. 77 (App. Div. 2018). Today is the second consecutive day on which Judge Firko released a published opinion. The essence of it is that when parties to a divorce matter negotiate and carefully draft a Property Settlement Agreement (“PSA”), that PSA will control going forward. The plaintiff wife sought to modify the parties’ PSA to increase her alimony payments and establish the marital lifestyle. The Family Part denied that relief. The Appellate Division today affirmed that result. Judge Firko observed that the use of agreements to...
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