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...

Asphalt Paving Systems, Inc. v. The Borough of Stone Harbor, ___ N.J. Super. ___ (App. Div. 2022). This opinion by Judge Fisher today consumed only six pages. The issue was a relatively simple one: whether the requirement of N.J.S.A. 52:25-24.2 that a business entity that bids on a public contract submit “a statement setting forth the names and addresses” of the individuals owning more than ten percent of the entity means that home addresses of those persons must be supplied. Affirming the Law Division, the Appellate Division held that home addresses are not required. Instead,...

Carelli v. Borough of Caldwell, ___ N.J. Super. ___ (App. Div. 2022). N.J.S.A. 40A:9-138 deals with the removal of a municipal administrator from office. The statute provides for a resolution of removal by the governing body that is to become effective three months after its adoption by that body. But there is a proviso: “provided, however, that the governing body shall cause to be paid to the administrator forthwith any unpaid balance of his salary and his salary for the next 3 calendar months following adoption of the resolution.” Plaintiff Carelli, the municipal administrator...