Zahl v. Eastland, 2019 WL 2025237 (App. Div. May 8, 2019). [Disclosure: I argued this appeal for the successful defendants-appellants, having come into the case after the Law Division entered judgment against defendants]. This was a legal malpractice case in which the Law Division entered a default judgment against defendants of over $1,057,000. Defendants appealed, and today the Appellate Division (Judges Messano and Fasciale) reversed in an unpublished opinion. The panel adopted defendants’ characterization of the proceedings that led to the default judgment as a “train...

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Flanzman v. Jenny Craig, Inc., 456 N.J. Super. 613 (App. Div. 2018).  The Appellate Division previously issued its opinion in this case, written by Judge Fasciale, on October 17, 2018, as discussed here.  Today, the court reissued the opinion in a somewhat more expansive form.  The result is the same– an arbitration clause that did not specify a forum or process for the arbitration did not reflect a meeting of the minds and was not enforceable. The new opinion includes a footnote 1 that clarifies that the named individual defendants were dismissed after plaintiff failed to serve them...