Search Rutgers Law Library N.J. Court Opinions

1 /usr/local/share/www/libweb/collections/courts/trial/ber-c-77-08.opn.html -- rank: 1000

... standard for vacating an arbitrator’s award in light of N.J.S.A. 2A:24-8, which governed the vacation of private arbitration awards at the ... nearly identical to the language found in the previous standard, N.J.S.A. 2A:24-8, (except for the additions of clauses (5) and (6) in ...

docket:	BER-C-77-08
court:	NJ Superior Court Law/Chancery Division
decided:	0000-00-00
status:
citation:
Document Size:	93536

2 Borough of East Rutherford v. East Rutherford -- rank: 974

... award upon the subject matter submitted was not made.” N.J.S.A. 2A:24-8(a) and (d). Additionally, a court may vacate an award ... definite award upon the subject matter submitted was not made. [ N.J.S.A. 2A:24-8.] Additionally, “a court ‘may vacate an award if ... the instant arbitration award, the Borough’s arguments center on N.J.S.A. 2A:24-8(a), that the arbitration award was procured by undue means, and N.J.S.A. 2A:24-8(d), that the Arbitrator exceeded her authority. “‘[U ... s award must be vacated as based on undue means, N.J.S.A. 2A:24-8(a), or because the Arbitrator exceeded her authority, N.J.S.A. 2A:24-8(d). The Borough fails to meet the standards for ...

docket:	A-24-11
court:	NJ Supreme Court
decided:	2012-03-19
status:
citation:	213 N.J. 190 61 A.3d 941
Document Size:	110389

3 Bound Brook Board of Education v. Glenn Ciripompa -- rank: 970

... bases upon which a court may vacate an arbitral award. N.J.S.A. 2A:24-8(a) to -(d). The claim of error in this case implicates subsection (d) of N.J.S.A. 2A:24-8, which provides for vacatur “[w]here the arbitrators exceeded ... Limits to the arbitrator’s authority are defined by statute, N.J.S.A. 2A:24-8, as well as by the questions framed by the parties ... A. § 10(a)(4), which is virtually identical to N.J.S.A. 2A:24-8(d), by considering “whether the arbitrators manifestly exceeded their ... arbitrator exceeded his or her authority within the meaning of N.J.S.A. 2A:24-8(d). (pp. 10-12) 4. Proving hostile work environment is ... definite award upon the subject matter submitted was not made. [ N.J.S.A. 2A:24-8.] Here, the issue is whether the arbitrator impermissibly transmuted ...

docket:	A-57-15
court:	NJ Supreme Court
decided:	2017-02-21
status:
citation:	228 N.J. 4 153 A.3d 931
Document Size:	61604

4 ERICK ESTIL v. NEW JERSEY TRANSIT BUS OPERATIONS, INC -- rank: 922

... in the Law Division, seeking to vacate the award under N.J.S.A. 2A:24-8. 1 The 1 Although Estil was not a party to ... 23B-23, although he acknowledged his action was filed under N.J.S.A. 2A:24-8, which establishes a three-month deadline to confirm, vacate, or ... merits, Estil advanced two grounds for vacating the award. Citing N.J.S.A. 2A:24-8(a), Estil claimed the award was reached by undue 2 ... hear or consider the expert testimony of Mr. Sherlock' under N.J.S.A. 2A:24-8(c). Following arguments, the trial judge reserved decision and thereafter ... As the judge noted, plaintiff's complaint 'asserted violations of N.J.S.A. 2A:24-8(a) and (c).' Because the arbitration award was received by ... definite award upon the subject matter submitted was not made. [N.J.S.A. 2A:24-8]. A-0260-20 7 Analyzing the applicable subsections, (a) ...

docket:	a0260-20
court:	NJ Superior Court Appellate Division
decided:	2021-12-29
status:	Unpublished
citation:
Document Size:	27325

5 ASPHALT PAVING SYSTEMS INC v. ASSOCIATED ASPHALT PARTNERS, LLC -- rank: 906

... evident partiality of A-1267-19T4 11 the arbitrator. Compare N.J.S.A. 2A:24-8(b) (providing a court shall vacate an arbitration award '[w ... with a party to the arbitration constituted 'evident partiality' under N.J.S.A. 2A:24-8(b). 86 N.J. at 182-83. The Court found ... for determining if an arbitration award should be vacated under N.J.S.A. 2A:24-8(b). Instead, the Court relied on the statute's plain ... vacation of an award on a showing of 'evident partiality.' N.J.S.A. 2A:24-8(b). For example, the Court explained a party-appointed arbitrator ... the evident partiality requiring vacation of an arbitration award under N.J.S.A. 2A:24-8(b). Ibid.; see, e.g., Arista Mktg. Assocs., Inc. v ... 23B-23 'retains' the evident partiality standard set forth in N.J.S.A. 2A:24-8(b)). A party seeking to vacate an arbitration award ...

docket:	a1267-19
court:	NJ Superior Court Appellate Division
decided:	2020-11-16
status:	Unpublished
citation:
Document Size:	39107

6 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 1197 v. TOWNSHIP OF EDISON - -- rank: 906

... the testimony regarding the Township business administrator's statement. See N.J.S.A. 2A:24-8(c). Petitioner also contended vacation was proper because the arbitrator ... contained in the clause nor intended by the parties.' See N.J.S.A. 2A:24-8(d). Petitioner faulted the arbitrator for: interpret[ing] the CNA ... an arbitration award de novo.' Ibid. A-1747-21 14 N.J.S.A. 2A:24-8 provides four bases to vacate an arbitration award. Petitioner contends ... bases require vacation of the arbitration award in this case: N.J.S.A. 2A:24-8(c) and (d). A court 'shall vacate' an arbitration award ... refusing to . . . hear evidence, pertinent and material to the controversy.' N.J.S.A. 2A:24-8(c); see also Fox v. Morris Cnty. Policemen's Ass ... App. Div. 1993) (affirming vacation of arbitration award pursuant to N.J.S.A. 2A:24-8(c) when arbitrator had refused to accept pertinent and ...

docket:	a1747-21
court:	NJ Superior Court Appellate Division
decided:	2023-10-10
status:	Unpublished
citation:
Document Size:	38704

7 STATE-OPERATED SCHOOL DISTRICT OF THE CITY OF JERSEY CITY v. GILDA NICOLE HARRIS -- rank: 906

... s award was procured by undue means in violation of N.J.S.A. 2A:24- 8(a); (2) the arbitrator exceeded his powers within the meaning 9 A-4869-15T1 of N.J.S.A. 2A:24-8(d); and the award was contrary to public policy. In ... court. It again asserts that the arbitrator's award violated N.J.S.A. 2A:24-8(a) and (d), and was contrary to public policy. We ... definite award upon the subject matter submitted was not made. [N.J.S.A. 2A:24-8.] The claim of error in this case implicates subsections (a) and (d) of the statute. N.J.S.A. 2A:24-8(a) provides for vacation of an arbitration award '[w]here ... Educ., 218 N.J. Super. 177, 188 (App. Div. 1987)). N.J.S.A. 2A:24-8(d) permits the vacation of an arbitration award in ...

docket:	a4869-15
court:	NJ Superior Court Appellate Division
decided:	2018-05-09
status:	published
citation:
Document Size:	55963

8 THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY v. THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY POLICE BENEVOLENT ASSOCIATION, INC. -- rank: 873

... providing four grounds for vacation of an arbitration award), with N.J.S.A. 2A:24-8 (listing the same four grounds). In 2002, the Legislature sought ... P.L.R. 7511; list similar grounds for vacatur, compare N.J.S.A. 2A:24-8, with N.Y. C.P.L.R. 7511; afford the ...

docket:	a3104-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-28
status:	Published
citation:	459 N.J.Super. 278 209 A.3d 897
Document Size:	28485

9 IN THE MATTER OF THE CITY OF CAMDEN -- rank: 870

... is predicated on unsupported findings and violates the standards in N.J.S.A. 2A:24-8; and the arbitrator failed to consider evidence which was material ... definite award upon the subject matter submitted was not made. [ N.J.S.A. 2A:24-8.] Arbitration conducted pursuant to the Compulsory Interest Arbitration Act is ... constituted "undue means," requiring the award to be vacated under N.J.S.A. 2A:24-8(a), and that, therefore, PERC's decision must be reversed ... N.J. at 294. 9 Even under the criteria of N.J.S.A. 2A:24-8(a), an arbitrator's failure to follow the substantive law ... different arbitrator. The grounds for vacating an arbitration award under N.J.S.A. 2A:24-8 are identical to those set forth in 9 U.S ... partiality[.]" 9 U.S.C.A. § 10(a)(2); N.J.S.A. 2A:24-8(b). The Supreme Court observed that in authorizing this ...

docket:	a1244-11
court:	NJ Superior Court Appellate Division
decided:	2013-01-29
status:	published
citation:	429 N.J.Super. 309 58 A.3d 1186
Document Size:	83867

10 Amada Sanjuan v. School District of West New York -- rank: 870

... of the arbitrator” that would justify vacating the award under N.J.S.A. 2A:24-8. Sanjuan appealed, arguing that the trial court erred in finding ... definite award upon the subject matter submitted was not made. [N.J.S.A. 2A:24-8.] “‘[L]imits to the arbitrator’s authority . . . are defined by statute, N.J.S.A. 2A:24-8,’ as well as ‘by the questions framed by ... “This particular claim of error implicates subsection (d) of N.J.S.A. 2A:24-8.”1 Ibid. IV. We apply the above principles to ... of termination, and the award is subject to vacatur under N.J.S.A. 2A:24-8. We first reiterate that the statute imposes a condition on ... 1 Sanjuan does not specifically state under which subsection of N.J.S.A. 2A:24-8 she challenges the arbitrator’s award. She alleges “[ ...

docket:	a-45-22
court:	NJ Superior Court Appellate Division
decided:	2024-02-12
status:
citation:
Document Size:	43212

11 JAN SCHADRACK v. K.P. BURKE BUILDER, LLC. -- rank: 867

... only vacate an award due to fraud, impartiality or misconduct, N.J.S.A. 2A:24-8(a)-(d), or modify an award based on mistake or ... s award to the limited grounds specified more generally in N.J.S.A. 2A:24-8(1)(d), the provision which governs arbitrations outside of the ... invocation of the constricted review criteria from the Arbitration Act, N.J.S.A. 2A:24-8, was misplaced, we discern no harm arising from that erroneous ...

docket:	a5063-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-05-08
status:	Published
citation:
Document Size:	67614

12 JAN SCHADRACK v. K.P. BURKE BUILDER, LLC. -- rank: 867

... only vacate an award due to fraud, impartiality or misconduct, N.J.S.A. 2A:24-8(a)-(d), or modify an award based on mistake or ... s award to the limited grounds specified more generally in N.J.S.A. 2A:24-8(1)(d), the provision which governs arbitrations outside of the ... invocation of the constricted review criteria from the Arbitration Act, N.J.S.A. 2A:24-8, was misplaced, we discern no harm arising from that erroneous ...

docket:	a5035-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-05-08
status:	Published
citation:	407 N.J. Super. 153 970 A.2d 368
Document Size:	67786

13 BOUND BROOK BOARD v. GLENN CIRIPOMPA -- rank: 867

... definite award upon the subject matter submitted was not made. [N.J.S.A. 2A:24-8.] 'Additionally, 'a court may vacate an award if it is ... the arbitration award as procured by undue means pursuant to N.J.S.A. 2A:24-8(a) based on the arbitrator's alleged erroneous evidentiary rulings ... part, that the award was procured by undue means under N.J.S.A. 2A:24-8(a) based on the arbitrator's mistakes of fact and ... opinion, the trial judge vacated the arbitration award pursuant to N.J.S.A. 2A:24- 8(a) and ordered a new hearing before a different arbitrator ... court may only remand for a new arbitration pursuant to N.J.S.A. 2A:24-8 when an award is vacated within the time period required ... with N.J.S.A. 2A:24-7 to -10. N.J.S.A. 2A:24-8 provides that '[w]hen an award is vacated and ...

docket:	a2198-14
court:	NJ Superior Court Appellate Division
decided:	2015-10-29
status:	published
citation:	442 N.J.Super. 515 124 A.3d 1205
Document Size:	37840

14 STONY BROOK CONSTRUCTION CO., INC. et al. v. THE COLLEGE OF NEW JERSEY -- rank: 864

... and 2 Unlike with disputes under the arbitration statute, see N.J.S.A. 2A:24-8 and -9, the court could vacate or modify the umpire ...

docket:	A1941-06
court:	NJ Superior Court Appellate Division
decided:	2008-06-16
status:	unpublished
citation:
Document Size:	118920

15 ROBBINSVILLE EDUCATION ASSOCIATION v. ROBBINSVILLE BOARD OF EDUCATION -- rank: 864

... argued the judge should vacate the arbitration award pursuant to N.J.S.A. 2A:24-8(a) because the arbitrator's finding that the Difference Card ... law. Counsel also argued the award should be vacated under N.J.S.A. 2A:24-8(d) because the arbitrator failed to consider Chapter 78 despite ... definite award upon the subject matter submitted was not made.' N.J.S.A. 2A:24-8. The Association raises the following arguments: (1) because the issue ... judge erred by failing to vacate the award pursuant to N.J.S.A. 2A:24- 8(a) and (d); (3) the arbitration award is invalid because ... The Association argues the award should be vacated pursuant to N.J.S.A. 2A:24-8(a) because the award was procured by 'undue means,' namely ... certification does not prove the sort of mistake envisioned under N.J.S.A. 2A:24-8(a) to warrant vacation of the arbitration award. The ...

docket:	a3459-19
court:	NJ Superior Court Appellate Division
decided:	2021-08-16
status:	Unpublished
citation:
Document Size:	35525