The Supreme Court announced that it has granted review in two more cases. In one case, the Court granted certification, while in the other the Court granted leave to appeal. In Crystal Point Condominium Ass’n, Inc. v. Kinsale Ins. Co., the Court granted certification. The question presented, as phrased by the Supreme Court Clerk’s office, is “Does the direct action statute, N.J.S.A. 17:28-2, apply, and is plaintiff bound by the mandatory arbitration provision in the underlying insurance contract?” In an opinion reported at 466 N.J. Super. 471 (App. Div. 2021), and...

PAMI Realty, LLC v. Locations XIX, Inc., ___ N.J. Super. ___ (App. Div. 2021). This opinion, authored by Judge Gummer, laid out the facts, issues, and the panel’s ruling in the first three paragraphs of the decision: “The issue on this appeal is whether the parties agreed to involve the arbitrator in settlement discussions and, if so, whether that agreement had to be in writing. Plaintiff Pami Realt LLC (Pami) and defendant Locations XIX Inc. d/b/a Locations Construction (Locations) participated in an arbitration of a construction-contract dispute. During the arbitration, the...

Borough of Carteret v. Firefighters Mutual Benevolent Ass’n, Local 67, ___ N.J. ___ (2021). Under longstanding Supreme Court of New Jersey precedent, an arbitrator’s interpretation of a labor contract is to be upheld as long as that interpretation is “reasonably debatable.” In today’s ruling by the Court, a unanimous opinion by Justice Pierre-Louis, the Justices reversed a decision of the Appellate Division that had rejected an arbitrator’s interpretation. The Court restored the ruling of the Chancery Division that had upheld the arbitrator’s...