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October 02, 2022 | New Jersey Law Journal

Restrictive Covenants: Blue Pencil the Bill

A 20-year-old intern is not the same as a salesman of 20 years. Assembly Bill 3715 is needlessly overbroad.
6 minute read
September 19, 2022 | New Jersey Law Journal

$1M Postjudgment Interest Claim Divides 3rd Circuit Panel

"Jenzack asks us to slalom past an intervening settlement agreement and a plainly written consent judgment to award it more than a million dollars in post-judgment interest," Judge Joseph A. Greenaway Jr. stated. "We choose a different path."
7 minute read
September 15, 2022 | New Jersey Law Journal

3rd Circuit: Courts, Not Arbitrators, Decide Questions of Contract Supersession

The U.S. Court of Appeals for the Third Circuit agreed with a federal judge in New Jersey that courts—not arbitrators—are authorized to determine whether an arbitration agreement is superseded by a subsequent contract.
6 minute read
August 31, 2022 | New Jersey Law Journal

At SCOTUS, Federal Government Sides With NJ in Fight With NY Over Withdrawal From Waterfront Commission

"This court should conclude that the Compact entitles New Jersey to withdraw unilaterally, as it has done in Chapter 324," the U.S. government wrote in its amicus curiae brief to the U.S. Supreme Court.
4 minute read
August 18, 2022 | New Jersey Law Journal

New Jersey Takes Aim at Restrictive Covenants

Legislation seeking to curtail the use of restrictive covenants in the employment context is sweeping the nation, and New Jersey may be the next state taking action to limit employers' use of non-competition and non-solicitation agreements.
8 minute read
Law Journal Press | Digital Book Texas Personal Automobile Insurance Policy 2020 Authors: Janet K. Colaneri, Bret Weatherford View this Book

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August 12, 2022 | New Jersey Law Journal

'Like Something Out of "Jerry Maguire"': 3rd Circ. Finds CAA Sports Agent Won Arbitration by Fraud

"Recognizing the limited circumstances that justify vacating an arbitration award, we are satisfied that one such circumstance is present here: the award was procured by fraud," stated Jordan. "An honest process is what those who agree to arbitration have a right to expect."
7 minute read
August 07, 2022 | New Jersey Law Journal

Clean Up Arbitration Agreements

As the Third Circuit said in a precedential opinion in Abdurahman v. Prospect, the court need not solve the "riddle" posed by the drafter.
5 minute read
July 21, 2022 | New Jersey Law Journal

Not Every Breach of Contract Claim Is a Violation of the Consumer Fraud Act

While the motivation behind the CFA was, in part, protecting consumers, over time the path has deviated to such an extent that even garden-variety breach of contract claims against home improvement contractors almost always include CFA claims, causing unnecessarily complicated litigation.
9 minute read
July 19, 2022 | New Jersey Law Journal

Supreme Court Says Condo Association May Pursue Insurer in Construction Defect Case, But Must Arbitrate

"Were we to concur with the Appellate Division that ... the arbitration clause is somehow unenforceable in Crystal Point's action, we would contravene the Direct Action Statute's plain terms," Justice Anne M. Patterson wrote.
4 minute read
June 15, 2022 | New Jersey Law Journal

Appeals Court Says 'Gentleman's Agreement' Between Law Firm and Client Does Not Outweigh Contract

The New Jersey Appellate Division has rejected Basil Law Group's claim that it is due $400,000 in fees and additional work promised in a "gentleman's agreement" with Noah Bank, after the bank's CEO stepped down amid criminal charges.
6 minute read

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