On this date in 1956, the Supreme Court decided Friedman v. Tappan Development Corp., 22 N.J. 523 (1956).  Like Newark Publishers’ Ass’n v. Newark Typographical Union, 26 N.J. 419 (1956), decided just one week earlier, Friedman was an opinion by Justice Heher that stated fundamental principles of contract law that continue to be cited today.  But while Newark Publishers was a unanimous opinion, Friedman resulted in a 3-2 split.  Justices

Pollack v. Quick Quality Restaurants, Inc., ___ N.J. Super. ___ (App. Div. 2017).  The first paragraph of Judge Gibbons Whipple’s opinion for the Appellate Division well encapsulated what this appeal was about.  “In this appeal, as an issue of first impression, we are asked to consider whether a tenant exercising a right of first refusal to adopt terms of a sale contract for certain premises is obligated to pay a commission to a third-party broker that sec

Moon v. Breathless, Inc., ___ F.3d ___ (3d Cir. 2017).  At least since 2014, when the Supreme Court of New Jersey decided Atalese v. U.S. Legal Servs. Grp., L.P., 219 N.J. 430 (2014) (discussed here), New Jersey law has been clear that contractual arbitration clauses must explicitly state that a party is waiving a jury trial as to statutory claims in order to be effective when that party