Mar 28

In Construing Wills and Trusts, “Plain Meaning” of Language Gives Way to “Testator’s Probable Intent”

Posted by on Mar 28, 2018 in Appellate Division, Contract interpretation, Judges, Standards of review, Summary judgment | 0 comments

In re Trust of Violet Nelson, ___ N.J. Super. ___ (App. Div. 2018).  As Judge Ostrer stated in his opinion in this case today, the issue was “whether a trial court may look beyond the apparently plain language of a trust that benefitted the settlor’s ‘grandchildren’ to determine whether the settlor intended to benefit only some of her grandchildren.”  The answer, the panel stated, was “yes,” with the result that a contrary partial summary

Feb 27

Where Purported Forum for Arbitration is Non-Existent, Arbitration Agreement Will Not be Enforced

Posted by on Feb 27, 2018 in Contract interpretation, Effect of decisions by other courts, Judges, Standards of review, Third Circuit Court of Appeals | 0 comments

MacDonald v. Cashcall, Inc., 883 F.3d 220 (3d Cir. 2018).  There have been some outlandish circumstances in decisions involving arbitration, especially in the

Nov 15

Two “Affirmed on the Opinion Below” Rulings From the Supreme Court

Posted by on Nov 15, 2017 in Contract interpretation, Judges, Statutory interpretation, Summary judgment, Supreme Court of New Jersey | 0 comments

Yesterday and today, the Supreme Court did what it does not often do: affirm a decision of the Appellate Division substantially for the reasons expressed by the Appellate Division, rather than writing its own fully-expressed opinion.

Yesterday’s ruling, in Granata v. Broderick, 231 N.J. 135 (2017), affirmed a decision by Judge Guadagno that was reported at 446 N.J. Super. 449 (App. Div. 2016).  As the Supreme Court summarized it, the Appellate Division ruled that “an att