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State Courts -
New Jersey - May 8 - May 10, 2006
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Amalgamated Transit Union Local 880 v. NJ Transit Bus Operations, Inc., DOCKET NO. A-3139-04T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, May 8, 2006, Decided
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Overview: Arbitrators ordered fired employees reinstated with back pay. Under 26 U.S.C.S. § 3402(a)(1) and N.J. Stat. Ann. § 54A:7-1(a), employer had to withhold income taxes from back pay award, as test was whether they were paid due to existing employer-employee relationship, not whether they actually performed services for employer for back pay period.
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Lederman v. Prudential Life Ins. Co. of America, Inc., DOCKET NO. A-1485-04T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, May 9, 2006, Decided
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Overview: Where plaintiff sued his former employer and former law firm, as parties' agreement required arbitration only of disputes about the agreement's terms or application, the trial court erred in requiring arbitration of plaintiff's fraud, conspiracy, and malpractice claims because those claims did not concern the terms or application of the agreement.
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Lederman v. Prudential Life Ins. Co. of America, Inc., DOCKET NO. A-1449-04T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, May 9, 2006, Decided
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Overview: Plaintiff accused defendants of fraud and bribery. Sealing court records under N.J. Ct. R. 1:2-1 based on parties' confidentiality agreement was error, as defendants' interest in their contractual rights was insufficient, without showing of serious injury, to overcome presumption in favor of public access, and dispute was matter of public interest.
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B & S Ltd., Inc. v. Elephant & Castle Intern., Inc., DOCKET NO. : UNN-C-71-06,
SUPERIOR COURT OF NEW JERSEY, CHANCERY DIVISION, UNION COUNTY, May 10, 2006, Decided
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Overview: New Jersey franchisee could not enjoin arbitration in Minnesota of dispute with its Vancouver-based franchisor. To extent New Jersey Franchise Protection Act invalidated arbitral forum selection clauses in franchise agreements, it was preempted by FAA, and franchisee did not show arbitration clause was procedurally or substantively unconscionable.
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