Holtham v. Lucas, ___ N.J. Super. ___ (App. Div. 2019). As Judge Ostrer noted in the first sentence of his opinion in this case today, “[a]ccording to well-settled contract law, a provision that stipulates an unreasonably large amount of damages for a future breach is an unenforceable penalty.” The parties to this matrimonial case entered into a marital settlement agreement that contained a “per diem penalty of $150” for any breach of any duty under that agreement. When plaintiff failed to timely pay off a loan on a car that was to be distributed to his (ex-)wife and...

Last week, the Appellate Division issued four published opinions on a single day, as discussed here. Today, the court released three published decisions. Here are summaries of those opinions: New Jersey Div. of Child Protection & Permanency v. B.H., ___ N.J. Super. ___ (App. Div. 2019). This was an abuse and neglect appeal under Title 9. B.H. was the boyfriend of H.S. He was accused of abusing or neglecting H.S.’s daughter, M.S. Title 9 defines “abused or neglected child” as one who is impaired, or in danger of impairment, due to the failure of his or her “parent...

On most days, the Appellate Division issues a significant number of opinions. But on many of those days, there are no published opinions among them, or only one or two such opinions. Yesterday, however, the Appellate Division issued four published opinions, more than on any other day in recent memory. Here are summaries of those decisions: Branch v. Cream-O-Land Dairy, ___ N.J. Super. ___ (App. Div. 2019). In this class action case under the Wage and Hour Law, N.J.S.A. 34:11-56a to -56a38, the Appellate Division reversed a summary judgment that the Law Division had granted to the defendant...