To date, 2022 has not been kind to this blog. Down for a period of time due to malware, and then only partially restored, the blog is now fully ready for the new year. But the New Jersey appellate law world did not stop during that time. Here are some summaries of developments, decisional and otherwise, since January 1: The legislative term expired, and with it Governor Murphy’s nomination of Rachel Wainer Apter to fill Justice LaVecchia’s seat on the Supreme Court. After the new legislative term began, the Governor announced that he would renominate her for the seat. There is...

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...