Search Rutgers Law Library N.J. Court Opinions

16 MONICA McRAE v. NEW JERSEY TRANSIT BUS OPERATIONS INC -- rank: 851

... arbitration decision "openly and notoriously violated all four subsections" of N.J.S.A. 2A:24-8. Specifically, they argue: the award was "procured by . . . undue means," N.J.S.A. 2A:24-8(a); there was "evident partiality," N.J.S.A. 2A:24-8(b); the two-member majority failed or refused to "rely on pertinent and material evidence," 3 citing N.J.S.A. 2A:24-8(c); and the author of the majority decision "exceeded and ... executed her powers that [the award] was manifestly unjust," citing N.J.S.A. 2A:24-8(d). 4 We find insufficient merit in McRae and the ... member majority of the arbitration panel. The language picked from N.J.S.A. 2A:24-8 in support of their arguments does not support judicial ...

docket:	a2836-14
court:	NJ Superior Court Appellate Division
decided:	2016-07-08
status:	unpublished
citation:
Document Size:	18571

17 PBA Local 292 v. Borough of North Haledon -- rank: 841

... its collective bargaining agreement (the “Agreement”) with the Borough and N.J.S.A. 2A:24-8 -- fraud, corruption, or undue means. (p. 7) 3. If an ... may invalidate an arbitration award for the grounds specified in N.J.S.A. 2A:24-8, most notably fraud, corruption, or undue means. See also In ... confirmed, the award is as conclusive as a court judgment. N.J.S.A. 2A:24-8, -9. If an action to confirm is not so instituted ... vacate an arbitration award to the summary action contemplated by N.J.S.A. 2A:24-8 or because the award is contrary to public policy. Tretina ...

docket:	a-183-97
court:	njsupreme
decided:	1999-06-08
status:
citation:	158 N.J. 392
Document Size:	26262

18 /usr/local/share/www/libweb/collections/courts/supreme/a0328-15.opn.html -- rank: 838

... III THE ARBITRATOR IMPERFECTLY EXECUTED HIS AUTHORITY, AS PROSCRIBED BY N.J.S.A. 2A:24-8(D), AND PROCURED AN ARBITRATION AWARD BY "UNDUE MEANS" CONTRARY TO N.J.S.A. 2A:24-8(A) AND IGNORED THE PLAIN LANGUAGE OF THE PARTIES' COLLECTIVE ... 1955). Four statutory bases exist for vacating an arbitration award. N.J.S.A. 2A:24-8. Pursuant to the New Jersey Arbitration Act, N.J.S ... definite award upon the subject matter submitted was not made. [ N.J.S.A. 2A:24-8(a)-(d).] Moreover, "a court 'may vacate an award if ... s award was procured by "undue means" in violation of N.J.S.A. 2A:24-8(a). "[U]ndue means encompasses a situation in which the ... the grounds to vacate an arbitration award set forth in N.J.S.A. 2A:24-8, a court may vacate an award if "the award ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	46136

19 SARAH B. BISER v. RICHARD L. LEVINE -- rank: 812

... could be vacated "[w]here the arbitrators exceeded . . . their powers." N.J.S.A. 2A:24-8(d). Thus, the case law on the earlier act's ... in N.J.S.A. 2A:23B-23, or in N.J.S.A. 2A:24-8 of the earlier-enacted Arbitration Act. However, under the earlier ...

docket:	a3318-13
court:	New Jersey Superior Court Appellate Division
decided:	2016-08-08
status:	Published
citation:
Document Size:	58264

20 POLICEMEN'S BENEVOLENT ASSOCIATION LOCAL NUMBER 191 v. TOWNSHIP OF EAST WINDSOR -- rank: 799

... meet its burden necessary to vacate the arbitration award under N.J.S.A. 2A:24-8. The trial A-2073-20 8 court found the award was not a product of 'undue means' under N.J.S.A. 2A:24-8(a). The court found the arbitrator properly concluded the Tier ... imperfectly executed his powers to set aside the award under N.J.S.A. 2A:24-8(d). In reviewing the arbitrator's decision, the judge determined ... 02 (alteration in original) (citations and internal quotation marks omitted). N.J.S.A. 2A:24-8 sets forth the limited statutory grounds on which we may ... and definite award upon the subject matter was not made.' N.J.S.A. 2A:24-8(a) and (d). ''[U]ndue means' ordinarily encompasses a situation ...

docket:	a2073-20
court:	NJ Superior Court Appellate Division
decided:	2022-04-08
status:	Unpublished
citation:
Document Size:	31216

21 MICHAEL S. KIMM v. BLISSET, LLC -- rank: 796

... N.J.S.A. 2A:23B-23, -24; see also N.J.S.A. 2A:24-8, -9. Even so, the current statute continues to grant a ...

docket:	A0965-04
court:	NJ Superior Court Appellate Division
decided:	2006-08-28
status:	published
citation:
Document Size:	96364

22 IN THE MATTER OF THE ARBITRATION BETWEEN: TRETINA PRINTING, INC., V. FITZPATRICK AND ASSOCIATES, INC. -- rank: 796

... the Arbitration Act, 129 N.J. 479 (1992), and on N.J.S.A. 2A:24-8. II     The Act provides that once an arbitrator issues an ... not confirm the award, it can either vacate the award, N.J.S.A. 2A:24-8, or modify or correct it. N.J.S.A. 2A ... may, in its discretion, direct a rehearing by the arbitrators. [ N.J.S.A. 2A:24-8.] The Act also provides that a court shall modify or ... record shows that the parties and the court assumed that N.J.S.A. 2A:24-8 and -9 controlled the proceedings. Therefore, we review this arbitration ...

docket:	a-30-93
court:	njsupreme
decided:	1994-05-04
status:
citation:	135 N.J. 349
Document Size:	69006

23 /usr/local/share/www/libweb/collections/courts/appellate/a2853-19.opn.html -- rank: 792

... of the prongs necessary to vacate an arbitration award under N.J.S.A. 2A:24-8.2 The judge found the Arbitrator's award was not a product of 'undue means' under N.J.S.A. 2A:24-8(a). The judge held the Arbitrator was tasked with determining ... s award should be vacated under all four subsections of N.J.S.A. 2A:24-8, the judge found not 'even a scintilla of evidence that ... imperfectly executed her powers to set aside the award under N.J.S.A. 2A:24-8(d). The judge explained 'the [A]rbitrator was tasked with ... Town of Kearny, 81 N.J. 208, 223-24 (1979)). N.J.S.A. 2A:24-8 sets forth the grounds for vacating an arbitration award. Pertinent ... definite award upon the subject matter submitted was not made.' N.J.S.A. 2A:24-8(a) and (d). ''[U]ndue means' ordinarily encompasses a ...

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court:
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Document Size:	31145

24 COUNTY OF CUMBERLAND v. POLICEMEN'S BENEVOLENT ASSOCIATION LOCAL 299 -- rank: 792

... judge found that 'in application, the arbitrator['s] award violates N.J.S.A. 2A:24-8(d) as its implementation would violation the [two percent] cap ... Eng'rs, Local 195, 169 N.J. 505, 514 (2001)). N.J.S.A. 2A:24-8 sets forth the grounds for vacating an arbitration award. Pertinent ... definite award upon the subject matter submitted was not made.' N.J.S.A. 2A:24-8(d). That legislatively granted authority to vacate awards serves as ... in him and fatal to the viability of the award. N.J.S.A. 2A:24-8(d) states that a judge shall vacate an award 'where ... imits [to the arbitrator's authority] are defined by statute, N.J.S.A. 2A:24-8, and by the [MOA] between the parties' as well as ... reliance on Article Twenty-Four does not provide grounds under N.J.S.A. 2A:24-8(d) for the judge to vacate the award. III. ...

docket:	a2418-19
court:	NJ Superior Court Appellate Division
decided:	2021-03-18
status:	Unpublished
citation:
Document Size:	45602

25 JAMES TAYLOR v. BOARD OF EDUCATION ENGLEWOOD SCHOOL DISTRICT BERGEN COUNTY -- rank: 786

... that it was procured by 'undue means,' and citing to N.J.S.A. 2A:24-8. Plaintiff asked for reinstatement to his employment with back pay ... award was procured by 'undue means' within the meaning of N.J.S.A. 2A:24-8(a), and also that it violated N.J.S.A. 2A:24-8(d) and should be vacated. He denies that there was ... 24-7 through N.J.S.[A] 2A:24-10.' N.J.S.A. 2A:24-8 provides four bases to vacate an arbitration award. These include ... and definite award upon the subject matter was not made. [N.J.S.A. 2A:24-8.] Plaintiff contends that the arbitrator's award should be vacated ... charges and also to support termination of plaintiff's employment. N.J.S.A. 2A:24-8(d) does not apply in this case. Plaintiff did ...

docket:	a1867-16
court:	NJ Superior Court Appellate Division
decided:	2018-08-14
status:
citation:
Document Size:	26102

26 SCOTT CHARD v. STATE OF NEW JERSEY and DEPARTMENT OF CORRECTIONS - -- rank: 786

... that the arbitrator issued the award through 'undue means,' see N.J.S.A. 2A:24-8(a), by mistakenly applying the regulations. The court noted the ... her] decision may be vacated on statutory grounds pursuant to N.J.S.A. 2A:24-8.' City Ass'n of Supervisors and Admin'rs, 311 N ... an arbitrator's award that was procured by 'undue means.' N.J.S.A. 2A:24-8(a).1 'The statutory phrase 'undue means' ordinarily encompasses a ... implicate the other statutory grounds for vacatur: corruption and fraud, N.J.S.A. 2A:24-8(a); 'evident partiality or corruption in the arbitrators,' N.J.S.A. 2A:24-8(b); misconduct in scheduling the hearing, or receipt of evidence, N.J.S.A. 2A:24-8(c); or where the arbitrators 'exceeded or so imperfectly ...

docket:	a5208-15
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-24
status:
citation:
Document Size:	32355

27 TRENTON BOARD OF EDUCATION v. TRENTON EDUCATION ASSOCIATION -- rank: 783

... award . . . .' The court also indicated the limited statutory circumstances under N.J.S.A. 2A:24-8 where A-0262-17T4 6 vacating an award would be ... grounds for vacating . . . an arbitrator's award' as defined by N.J.S.A. 2A:24-8 by wrongfully concluding the arbitrator exceeded her authority and that ... of establishing that the award should be vacated pursuant to N.J.S.A. 2A:24-8.'' Twp. of Wyckoff v. PBA Local 261, 409 N.J ... City, 218 N.J. Super. 177, 187 (App. Div. 1987)). N.J.S.A. 2A:24-8 provides that an arbitrator's award shall be vacated in ... or] exceeded his or her authority within the meaning of N.J.S.A. 2A:24-8(d).' Bound Brook Bd. of Educ. v. Ciripompa, 228 N.J. 4, 13 (2017) (second alteration in original) (quoting N.J.S.A. 2A:24-8(d)). When confronted with an allegation that the arbitrators ...

docket:	a0262-17
court:	NJ Superior Court Appellate Division
decided:	2019-01-28
status:	Unpublished
citation:
Document Size:	28950

28 IFA INSURANCE COMPANY v. AMERICAN TRUCKING & TRANSPORTATION INSURANCE COMPANY -- rank: 779

... in the arbitration in order to vacate the award, citing N.J.S.A. 2A:24-8. The judge entered judgment in favor of IFA on November ... similar wrongdoing as provided by the arbitration statute,'" again citing N.J.S.A. 2A:24-8. Turning to the issues raised on appeal, we concur with ... an incorrect statute to his review of the arbitration award. N.J.S.A. 2A:24-8 applies to arbitration of collective bargaining agreements. N.J.S ... two statutes demonstrates that they set forth essentially identical standards. N.J.S.A. 2A:24-8 sets forth four grounds for vacating an arbitration award: Where ... definite award upon the subject matter submitted was not made. [ N.J.S.A. 2A:24-8(a) to (d).] N.J.S.A. 2A:23B-23 ... arbitration award. The first three are identical in scope to N.J.S.A. 2A:24-8(a) through (c); the other three are: an arbitrator ...

docket:	a1845-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-22
status:	unpublished
citation:
Document Size:	24150

29 A-0FRATERNAL ORDER OF POLICE NEWARK LODGE NO. 12 v. CITY OF NEWARK July 24, 2015 -- rank: 770

... of establishing that the award should be vacated pursuant to N.J.S.A. 2A:24-8.'" Twp. of Wyckoff v. PBA Local 261 , 409 N.J ...

docket:	a1498-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-04
status:	unpublished
citation:
Document Size:	41999

30 S. REID WEINMAN v. RICHARD J. SIMON -- rank: 763

... with respect to the IRS allocation of Weinman's payments. N.J.S.A. 2A:24-8.     Plaintiff contends that the judge erred in modifying the arbitrator ... the award for any of the four reasons enumerated in N.J.S.A. 2A:24-8. We are satisfied that none of the four reasons for ...

docket:	A2584-04
court:	NJ Superior Court Appellate Division
decided:	2006-04-28
status:	unpublished
citation:
Document Size:	25896