Law Journal Editorial Board

November 19, 2018 | New Jersey Law Journal

The Appellate Division has introduced a new element for an arbitration contract that will require parties to rewrite their pre-dispute arbitration clauses—for no reason. Our Supreme Court should review the matter and reverse before further mischief upsets the federal and state statutory scheme in place for decades.

By Law Journal Editorial Board

5 minute read

November 19, 2018 | New Jersey Law Journal

On the exact difference between claiming “expertise” and claiming to be an “expert,” the committee is silent. A clarification would be helpful.

By Law Journal Editorial Board

1 minute read

November 12, 2018 | New Jersey Law Journal

However the justices decide the present case before them, the moral to trial attorneys is simply this: Be alert to potential error in an adversary's trial presentation and make the appropriate objection, with underlying legal argument, at the time of its occurrence.

By Law Journal Editorial Board

5 minute read

November 12, 2018 | New Jersey Law Journal

This is an extremely important statute, revamping, modifying and to some extent nullifying judicial precedent. As far as we can determine, it has received little publicity and no testimony pro or con, during committee hearings. Before passage, our legislators should stop, look and listen.

By Law Journal Editorial Board

3 minute read

November 02, 2018 | New Jersey Law Journal

These “take it or leave it” mandatory arbitration agreements fit the classic hornbook definition of an unlawful contract of adhesion. Given the present climate, we regret not much can be done except voluntary surrender of mandatory pre-dispute arbitration by companies such as Uber and Microsoft. At best, we caution our readers to know what they are signing, and if they have any bargaining power, resist such clauses.

By Law Journal Editorial Board

7 minute read

October 26, 2018 | New Jersey Law Journal

The mere fact that our justices were so deeply divided on this interpretive issue is strong empirical evidence that this test is quite malleable and will enable the judiciary to assert a strong and often decisive role in administrative policy disputes between the Legislature and the executive.

By Law Journal Editorial Board

8 minute read

October 22, 2018 | New Jersey Law Journal

We applaud its accomplishments in its 50 years of existence, and underscore what we believe to be the most important of all: the SCI has reported on subjects which led to statutory, regulatory and administrative changes within government which have saved taxpayers millions of dollars in possible bureaucratic waste and mismanagement.

By Law Journal Editorial Board

4 minute read

October 22, 2018 | New Jersey Law Journal

The lesson of Violent Nelson for litigators is a reminder that in the context of trust and will interpretation, New Jersey courts reject the “plain meaning” rule and adopt a more modern view. The case is also a lesson for litigators: Sometimes grandchildren are not grandchildren.

By Law Journal Editorial Board

4 minute read

October 15, 2018 | New Jersey Law Journal

In both Anderson and Jutrowski, the law required proof of individual responsibility. In neither case could the plaintiffs obtain proof of the tortfeasor's identity, although all potential responsible parties were before the court. In Jutrowski, there was the option of a conspiracy theory, but a jury could find no agreement, thus permitting the tortfeasor to escape responsibility. Might not the Anderson approach have been a way to have a jury assess the defendants' denials and ferret out the tortfeasor?

By Law Journal Editorial Board

3 minute read

October 15, 2018 | New Jersey Law Journal

One might make a strong argument that cases involving such cutting edge theories of causality should be assigned specially, as medical malpractice cases once were and as certain commercial disputes presently are, to a particular judge in the venue who would be the most competent to make difficult decisions as were made by the trial judge in Accutane.

By Law Journal Editorial Board

5 minute read