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31 CITIZENS UNITED RECIPROCAL EXCHANGE v. NORTHERN NJ ORTHO SPECIALISTS -- rank: 569

... to vacate the award with the Law Division, pursuant to N.J.S.A. 2A:23A-13(c). The judge rejected CURE's claims of legal error ... may appeal to the Law Division as matter of right, N.J.S.A. 2A:23A-13(a), judicial review of an arbitration award is limited. An ... 414 N.J. Super. 331, 341 (App. Div. 2010) (quoting N.J.S.A. 2A:23A-13).] However, N.J.S.A. 2A:23A-18(b) makes ...

docket:	a1669-15
court:	NJ Superior Court Appellate Division
decided:	2017-06-01
status:	unpublished
citation:
Document Size:	20581

32 ALLSTATE OF NEW JERSEY INSURANCE COMPANY v. DELAWARE VALLEY PHYSICAL THERAPY -- rank: 566

... by the Superior Court in an action filed pursuant to N.J.S.A. 2A:23A-13 for review of the award. Thus, in seeking relief pursuant ... Appellate Division from any decision of the Law Division. Moreover, N.J.S.A. 2A:23A-13(b) and -13(f) allow, under limited circumstances, the court ... the arbitrators' decisions under the prejudicial error standard set by N.J.S.A. 2A:23A-13(c)(5). But, this matter presents no circumstances where a de novo review is allowed. See N.J.S.A. 2A:23A-13(b) (permitting de novo review over applications brought pursuant to N.J.S.A. 2A:23A-13(c)(1) to (4)). Therefore, the only issue for determination ... was whether there was "substantial evidence to support that decision." N.J.S.A. 2A:23A-13(b). Based upon Judge Kassel's oral opinion, it ...

docket:	a6065-09
court:	NJ Superior Court Appellate Division
decided:	2012-05-07
status:	unpublished
citation:
Document Size:	21065

33 /usr/local/share/www/libweb/collections/courts/appellate/a6063-6064-6065-6066-6067-6068-09.opn.html -- rank: 566

... by the Superior Court in an action filed pursuant to N.J.S.A. 2A:23A-13 for review of the award. Thus, in seeking relief pursuant ... Appellate Division from any decision of the Law Division. Moreover, N.J.S.A. 2A:23A-13(b) and -13(f) allow, under limited circumstances, the court ... the arbitrators' decisions under the prejudicial error standard set by N.J.S.A. 2A:23A-13(c)(5). But, this matter presents no circumstances where a de novo review is allowed. See N.J.S.A. 2A:23A-13(b) (permitting de novo review over applications brought pursuant to N.J.S.A. 2A:23A-13(c)(1) to (4)). Therefore, the only issue for determination ... was whether there was "substantial evidence to support that decision." N.J.S.A. 2A:23A-13(b). Based upon Judge Kassel's oral opinion, it ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	20788

34 ALLSTATE OF NEW JERSEY INSURANCE COMPANY v. DELAWARE VALLEY PHYSICAL THERAPY -- rank: 566

... by the Superior Court in an action filed pursuant to N.J.S.A. 2A:23A-13 for review of the award. Thus, in seeking relief pursuant ... Appellate Division from any decision of the Law Division. Moreover, N.J.S.A. 2A:23A-13(b) and -13(f) allow, under limited circumstances, the court ... the arbitrators' decisions under the prejudicial error standard set by N.J.S.A. 2A:23A-13(c)(5). But, this matter presents no circumstances where a de novo review is allowed. See N.J.S.A. 2A:23A-13(b) (permitting de novo review over applications brought pursuant to N.J.S.A. 2A:23A-13(c)(1) to (4)). Therefore, the only issue for determination ... was whether there was "substantial evidence to support that decision." N.J.S.A. 2A:23A-13(b). Based upon Judge Kassel's oral opinion, it ...

docket:	a6067-09
court:	NJ Superior Court Appellate Division
decided:	2012-05-07
status:	unpublished
citation:
Document Size:	21063

35 AMBULATORY SURGICAL CENTER OF SOMERSET v. ALLSTATE FIRE CASUALTY INSURANCE COMPANY -- rank: 566

... Miller explained that plaintiffs sought to vacate the awards under N.J.S.A. 2A:23A- 13(c)(5) and they claimed 'DRP Frankland committed prejudicial error ... the other four grounds supporting vacation of an award under N.J.S.A. 2A:23A-13(c)(1) to (4). A-1998-19T3 7 In his ... See Specialty Surgical, 458 N.J. at 67; see also N.J.S.A. 2A:23A-13. The APDRA provides that where a court grants a request ... explanations' supporting their findings the DRPs committed prejudicial error under N.J.S.A. 2A:23A-13(c)(5). Id. at 591. We found that, under those ...

docket:	a1998-19
court:	NJ Superior Court Appellate Division
decided:	2020-11-12
status:	Unpublished
citation:
Document Size:	26500

36 ALLSTATE OF NEW JERSEY INSURANCE COMPANY v. DELAWARE VALLEY PHYSICAL THERAPY -- rank: 566

... by the Superior Court in an action filed pursuant to N.J.S.A. 2A:23A-13 for review of the award. Thus, in seeking relief pursuant ... Appellate Division from any decision of the Law Division. Moreover, N.J.S.A. 2A:23A-13(b) and -13(f) allow, under limited circumstances, the court ... the arbitrators' decisions under the prejudicial error standard set by N.J.S.A. 2A:23A-13(c)(5). But, this matter presents no circumstances where a de novo review is allowed. See N.J.S.A. 2A:23A-13(b) (permitting de novo review over applications brought pursuant to N.J.S.A. 2A:23A-13(c)(1) to (4)). Therefore, the only issue for determination ... was whether there was "substantial evidence to support that decision." N.J.S.A. 2A:23A-13(b). Based upon Judge Kassel's oral opinion, it ...

docket:	a6064-09
court:	NJ Superior Court Appellate Division
decided:	2012-05-07
status:	unpublished
citation:
Document Size:	21065

37 ALLSTATE OF NEW JERSEY INSURANCE COMPANY v. DELAWARE VALLEY PHYSICAL THERAPY -- rank: 566

... by the Superior Court in an action filed pursuant to N.J.S.A. 2A:23A-13 for review of the award. Thus, in seeking relief pursuant ... Appellate Division from any decision of the Law Division. Moreover, N.J.S.A. 2A:23A-13(b) and -13(f) allow, under limited circumstances, the court ... the arbitrators' decisions under the prejudicial error standard set by N.J.S.A. 2A:23A-13(c)(5). But, this matter presents no circumstances where a de novo review is allowed. See N.J.S.A. 2A:23A-13(b) (permitting de novo review over applications brought pursuant to N.J.S.A. 2A:23A-13(c)(1) to (4)). Therefore, the only issue for determination ... was whether there was "substantial evidence to support that decision." N.J.S.A. 2A:23A-13(b). Based upon Judge Kassel's oral opinion, it ...

docket:	a6066-09
court:	NJ Superior Court Appellate Division
decided:	2012-05-07
status:	unpublished
citation:
Document Size:	21065

38 ALLSTATE OF NEW JERSEY INSURANCE COMPANY v. DELAWARE VALLEY PHYSICAL THERAPY -- rank: 566

... by the Superior Court in an action filed pursuant to N.J.S.A. 2A:23A-13 for review of the award. Thus, in seeking relief pursuant ... Appellate Division from any decision of the Law Division. Moreover, N.J.S.A. 2A:23A-13(b) and -13(f) allow, under limited circumstances, the court ... the arbitrators' decisions under the prejudicial error standard set by N.J.S.A. 2A:23A-13(c)(5). But, this matter presents no circumstances where a de novo review is allowed. See N.J.S.A. 2A:23A-13(b) (permitting de novo review over applications brought pursuant to N.J.S.A. 2A:23A-13(c)(1) to (4)). Therefore, the only issue for determination ... was whether there was "substantial evidence to support that decision." N.J.S.A. 2A:23A-13(b). Based upon Judge Kassel's oral opinion, it ...

docket:	a6063-09
court:	New Jersey Superior Court Appellate Division
decided:	2012-05-07
status:	Published
citation:
Document Size:	22152

39 ALLSTATE OF NEW JERSEY INSURANCE COMPANY v. DELAWARE VALLEY PHYSICAL THERAPY -- rank: 566

... by the Superior Court in an action filed pursuant to N.J.S.A. 2A:23A-13 for review of the award. Thus, in seeking relief pursuant ... Appellate Division from any decision of the Law Division. Moreover, N.J.S.A. 2A:23A-13(b) and -13(f) allow, under limited circumstances, the court ... the arbitrators' decisions under the prejudicial error standard set by N.J.S.A. 2A:23A-13(c)(5). But, this matter presents no circumstances where a de novo review is allowed. See N.J.S.A. 2A:23A-13(b) (permitting de novo review over applications brought pursuant to N.J.S.A. 2A:23A-13(c)(1) to (4)). Therefore, the only issue for determination ... was whether there was "substantial evidence to support that decision." N.J.S.A. 2A:23A-13(b). Based upon Judge Kassel's oral opinion, it ...

docket:	a6068-09
court:	NJ Superior Court Appellate Division
decided:	2012-05-07
status:	unpublished
citation:
Document Size:	21065

40 TRAVELERS INSURANCE COMPANY OF NEW JERSEY v. SOUTH JERSEY HEALTH & WELLNESS CENTER -- rank: 564

... the DRP's determination was erroneous within the meaning of N.J.S.A. 2A:23A-13(c)(5), which permits a judge to vacate, modify or ... Travelers appealed, arguing: I. APPEALS FROM LAW DIVISION DETERMINATIONS UNDER N.J.S.A. 2A:23A-13(c)(5) ARE COGNIZ-ABLE IN SITUATIONS SUCH AS THIS ... the limits of APDRA and found the judge had applied N.J.S.A. 2A:23A-13(c)(5), which permits trial court intervention upon a finding ... the DRP had committed prejudicial error within the meaning of N.J.S.A. 2A:23A-13(c)(5), and that reformation was appropriate. Open MRI , supra ... DRP did not commit an error within the meaning of N.J.S.A. 2A:23A-13(c)(5). The circumstances do not permit the exercise of ...

docket:	a0476-11
court:	NJ Superior Court Appellate Division
decided:	2012-04-03
status:	unpublished
citation:
Document Size:	19444

41 SUCHARITHA PATI v. RAJESH KOMAKULA -- rank: 559

... allegation he was prejudiced by the umpire's partiality. See N.J.S.A. 2A:23A- 13(c)(2). The trial court ordered vacatur solely on that ... Defendant also alleged: (1) the umpire engaged in misconduct, see N.J.S.A. 2A:23A-13(c)(1), by engaging in ex parte communications with plaintiff ... properties in India; (2) the umpire exceeded his powers, see N.J.S.A. 2A:23A-13(c)(3), by deciding issues that were not referred to ... contended the umpire failed to follow APDRA's procedures. See N.J.S.A. 2A:23A-13(c)(4). 3 The complaint alleged 'bar association,' but it ... and facts presented for 9 A-2591-17T2 alternative resolution.' N.J.S.A. 2A:23A-13(c)(5). The court may modify an award on the same ground. N.J.S.A. 2A:23A-13(e)(4).4 To enable effective judicial review, it ...

docket:	a2591-17
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-24
status:
citation:
Document Size:	21018

42 IRA KLEMONS v. GEICO -- rank: 554

... or correction within 45 days after the award is delivered . . . ." N.J.S.A. 2A:23A-13(a). The DRP's award "shall be final if there is substantial evidence to support that decision[.]" N.J.S.A. 2A:23A-13(b). If, however, a party's application to vacate the ... procedures; the reviewing court may make independent findings of fact. N.J.S.A. 2A:23A-13(b)—(c). The reviewing court may also vacate the ... error by erroneously applying law to the issues and facts. N.J.S.A. 2A:23A-13(c)(5). Once the trial court confirms, modifies, or corrects ...

docket:	a3669-10
court:	NJ Superior Court Appellate Division
decided:	2012-10-26
status:	unpublished
citation:
Document Size:	16176

43 JOHN DIMAGGIO v. DIANE F. DIMAGGIO -- rank: 547

... did not correctly apply the standards of review defined in N.J.S.A. 2A:23A-13 (e) . She further asserts that the court failed to "make ... Statutory bases for modifying an arbitration award are provided in N.J.S.A. 2A:23A-13. While most of the issues Diane raises on appeal stem ... judge misapplies or ignores the standards of review established by N.J.S.A. 2A:23A-13 and fails to rule on a plaintiff's specific claims ... matter. Despite Diane's contentions that the trial court misapplied N.J.S.A. 2A:23A-13 and erroneously adopted its factual findings and legal conclusions from ...

docket:	a2055-14
court:	NJ Superior Court Appellate Division
decided:	2016-12-30
status:	unpublished
citation:
Document Size:	17338

44 ILAN LEVINSON v. HAGIT LEVINSON -- rank: 523

... correct a final arbitration decision for limited reasons. According to N.J.S.A. 2A:23A-13, a provision of the APDRA: (b) In considering an application ... judge misapplies or ignores the standards of review established under N.J.S.A. 2A:23A-13 and fails A-5560-18T1 11 to rule on a ...

docket:	a5560-18
court:	NJ Superior Court Appellate Division
decided:	2020-11-09
status:	unpublished
citation:
Document Size:	24534

45 LIBERTY MUTUAL INSURANCE COMPANY v. BRUNSWICK SURGICAL CENTER, PC -- rank: 519

... confirm, vacate or modify an arbitration award as allowed by N.J.S.A. 2A:23A-13. Rather, Liberty Mutual sought to relitigate the identical issues with ... by the Superior Court in an action filed pursuant to N.J.S.A. 2A:23A-13 for review of the award. N.J.A.C. 11:3-5.6(f). N.J.S.A. 2A:23A-13 is a constituent part of the New Jersey Alternative Procedure ...

docket:	a4083-06
court:	njappellate
decided:	2008-07-18
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	55590