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April 10, 2023 | New Jersey Law Journal

Decision Lowers Standard for Enforceability of Arb Clauses in Commercial Contracts

Although prior unpublished decisions have reached similar conclusions, the County of Passaic case resulted in the first published Appellate Division decision containing a rule pronouncement regarding the enforceability of arbitration provisions in the commercial context.
8 minute read
March 09, 2023 | New Jersey Law Journal

Strategic Application of UCC to E-Commerce

E-commerce has blurred the definition of merchant, allowing for the strategic use of the UCC.
6 minute read
February 23, 2023 | New Jersey Law Journal

'Unexplained Large Reverse Payment': Zetia Antitrust Claims Scheduled for Jury Trial in April

Plaintiffs claimed the two companies "conspired to delay the introduction of generic ezetimibe to the market, in violation of Sections 1 and 2 of the Sherman Act."
5 minute read
February 19, 2023 | New Jersey Law Journal

'Atalese' Rightly Limited

The Appellate Division's recent decision brings our state court jurisprudence in line with our federal courts and out-of-state jurisdictions.
2 minute read
February 08, 2023 | New Jersey Law Journal

Appellate Division Ruling Fundamentally 'Alters the Landscape' of Arbitration Law, Former NJ Justice Says

"It is probably one of the most significant decisions on arbitrations released by that court in many years," said former state Supreme Court Justice Peter G. Verniero of Wednesday's ruling. "Practitioners will need to review the decision carefully to anticipate its impact in this area of law."
5 minute read
Law Journal Press | Digital Book Connecticut Appellate Practice & Procedure, 8th Edition Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE View this Book

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January 06, 2023 | New Jersey Law Journal

Judgment Reversed: COVID-19 Restrictions, Economic Challenges Alone Don't Excuse Tenants' Failure to Pay Rent

"Is the contract still able to be performed? If the answer is, 'No,' then there's certainly the argument that performance may be impossible or impractical, the purpose of it may have been frustrated, and so forth," said Peter Byrnes on behalf of the landlord.
6 minute read
November 23, 2022 | New Jersey Law Journal

NJ Appeals Court: Litigation Conduct a Key Factor in Forum Selection Clause Waiver Disputes

The loan agreement and the mortgage agreement contained the same forum selection clause which stated that the plaintiffs agreed to submit any lawsuit to the jurisdiction of courts in Salt Lake County in Utah, according to the opinion.
5 minute read
November 14, 2022 | New Jersey Law Journal

NJ Appeals Court Clarifies Disclosure Requirement for Award of Public Contracts

The New Jersey Appellate Division, in a published opinion, clarified which stockholder addresses must be disclosed by bidders for public projects, holding that the requirement is not limited to home addresses.
4 minute read
November 02, 2022 | New Jersey Law Journal

Trinity Health Retains $15M 'Breakup Fee' Following Failed Sale of Two NJ Hospitals

The two sides disputed whether the five issues identified by Cooper satisfied the definition of "due diligence issues" under the LOI, and they disputed the timeline of events that took place when negotiations broke down, according to Bumb.
3 minute read
October 17, 2022 | New Jersey Law Journal

Be Cautious With Boilerplate Agreements

Transactional attorneys must be vigilant regarding legal developments. That goes double for litigators with submitted motions and appeals.
3 minute read

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