- STATE OF NEW JERSEY VS. SHAREEF WILLIAMS (15-10-2534, 16-04-1138 AND 16-04-1139, ESSEX COUNTY AND STATEWIDE) A-2582-22 Appellate May 23, 2024
- H WEEHAWKIN LLC VS. MARK LANE, ET AL. (DC-005169-21, HUDSON COUNTY AND STATEWIDE) A-2772-22 Appellate May 23, 2024
- THE VILLAGE GREEN AT BEDMINSTER NEIGHBORHOOD CONDOMINIUM ASSOCIATION, INC. ETC. VS. DAVID E. SHIELDS (L-1165-22, SOMERSET COUNTY AND STATEWIDE) A-3271-22 Appellate May 23, 2024
- MIDFIRST BANK VS. PATRICIA CONQUEST BENSON, ET AL. (F-007011-22, CAMDEN COUNTY AND STATEWIDE) A-3342-22 Appellate May 23, 2024
- In re Protest of Contract for Retail Pharmacy Design, Construction, Start-Up and Operation, Request for Proposal No. UH-P20-006/ In re Sumukha LLC Challenge of Post-Award Changes to RFP UH-P20-006 (088018/088019) A-58/59-22 Supreme May 23, 2024 Oral Argument A-58/59-22 A-58/59-22 Audio for A-58/59-22 Close Summary A-58/59-22 The Court finds no evidence in University Hospital’s enabling statute that the Legislature intended the Hospital to be a “state administrative agency” under Rule 2:2-3(a)(2). University Hospital’s decisions and actions may not be directly appealed to the Appellate Division. Close
- STATE OF NEW JERSEY VS. TIMOTHY M. CHAMBERS (15-09-0630, UNION COUNTY AND STATEWIDE) A-0878-21 Appellate May 24, 2024
- STATE OF NEW JERSEY VS. VERONICA AGUILAR (15-03-0183 AND 15-07-0581, PASSAIC COUNTY AND STATEWIDE) A-3115-21 Appellate May 24, 2024
- MARGARETE HYER VS. TEACHERS' PENSION AND ANNUITY FUND (TEACHERS' PENSION AND ANNUITY FUND) A-1037-22 Appellate May 24, 2024
- W.M., ET AL. VS. JOSHUA AIKENS, ET AL. (NEW JERSEY COMMISSIONER OF EDUCATION) A-1255-22 Appellate May 24, 2024
- JOHN F. O'CONNELL VS. NEW JERSEY TURNPIKE AUTHORITY, ET AL. (L-8340-11, MIDDLESEX COUNTY AND STATEWIDE) A-1525-22 Appellate May 24, 2024
- S.L. VS. NEW JERSEY DEPARTMENT OF CORRECTIONS (NEW JERSEY DEPARTMENT OF CORRECTIONS) A-2557-22 Appellate May 24, 2024
- MARMO AND SONS GENERAL CONTRACTING, LLC VS. BIAGI FARMS, LLC, ET AL. (L-1109-22, GLOUCESTER COUNTY AND STATEWIDE) A-3120-22 Appellate May 24, 2024 Summary A-3120-22 This dispute involves whether a party to a contract waived its right to compel arbitration by its conduct in a lawsuit it initiated. Plaintiffs appeal from the trial court's denial of their motion to compel arbitration of claims against defendants for nonpayment of residential construction services they rendered. The parties' contract, which was drafted by plaintiffs, contained a provision calling for disputes to be resolved through binding arbitration. The motion judge ruled that plaintiffs waived their contractual right to arbitrate. Among other things indicative of such a waiver, the record shows that: (1) plaintiffs filed claims in the Law Division beyond those necessary to assert a lien under the Construction Lien Law (CLL), N.J.S.A. 2A:44A-1 to -38; (2) asserted in their Rule 4:5-1(b)(2) certification accompanying their complaint that no arbitration was contemplated; and (3) waited to move to compel arbitration after receiving the benefit of significant discovery, while failing to comply reciprocally with defendants' discovery demands. Applying the multifactor test prescribed in Cole v. Jersey City Medical Center , 215 N.J. 265, 280-81 (2013), this court concludes that plaintiffs waived their right to compel arbitration. In the course of doing so, however, the court rejects defendants' contention that the United States Supreme Court's opinion in Morgan v. Sundance, Inc. , 596 U.S. 411, 417-19 (2022), eradicates the Cole factor that considers whether the party opposing arbitration was prejudiced by the movant's delay. Prejudice remains one of the pertinent, but not individually dispositive, Cole factors after Morgan . However, that particular factor is not controlling in this case, given the totality of the circumstances that otherwise, on balance, further establish waiver. P.S.: Please note that the court is simultaneously issuing with Marmo two unpublished opinions applying the Cole waiver factors and citing Marmo . Close
- SHIP TO SHORE COUNSELING, P.C. VS. NEURONETICS, INC., ET AL. (L-0209-23, MONMOUTH COUNTY AND STATEWIDE) A-3755-22 Appellate May 24, 2024
- OCEAN FIREPROOFING, LLC VS. 23RD STREET URBAN RENEWAL JOF AAI III, LLC, ET AL. (L-1791-22, OCEAN COUNTY AND STATEWIDE) A-0388-23 Appellate May 24, 2024
- WALTER HERRERA VS. PARAMOUNT FREIGHT SYSTEMS, INC., ET AL. (L-0901-22, MIDDLESEX COUNTY AND STATEWIDE) A-0424-23 Appellate May 24, 2024
- East-West Funding v. 339 River Road Holdings, LLC, et al. F-691-22 Trial May 22, 2024
- Gloucester City Organic Recycling v. City of Gloucester CAM-L-620-21 Trial May 23, 2024
- G.P. VS. G.R. (FD-02-0697-18, BERGEN COUNTY AND STATEWIDE) (CONSOLIDATED) A-1235-21/A-1134-22 Appellate May 28, 2024
- GIANINA ROJAS VS. MICHAEL DREHER, ET AL. AND KATHLEEN FELICCIA VS. ANTHONY FRANCO'S PIZZERIA (L-5549-19, BERGEN COUNTY AND STATEWIDE) A-1406-22 Appellate May 28, 2024
- STATE OF NEW JERSEY VS. RAHEEM T. MILLER (21-08-2318, CAMDEN COUNTY AND STATEWIDE) A-1587-22 Appellate May 28, 2024