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Saturday, March 29, 2008

New Jersey Citizens Underwriting Reciprocal Exchange v. Kieran Collins, D.C., LLC.

03-18-08 A-3705-06T1

Exercising its limited supervisory jurisdiction to review a
trial judge's review of an arbitration award rendered pursuant
to the New Jersey Alternative Procedure for Dispute Resolution
Act, N.J.S.A. 2A:23A-1 to -30 (APDRA), the court concluded that
the trial judge acted within his statutory jurisdiction in
finding the arbitrator's failure to consolidate two related
arbitrations, which resulted in inconsistent awards, constituted
"prejudicial error" as defined by N.J.S.A. 2A:23A-13(c)(5), thus
permitting the trial judge's intervention. And, since the trial
judge acted within his jurisdiction, the Appellate Division was
precluded by N.J.S.A. 2A:23A-18(b), which declares that "[t]here
shall be no further appeal or review" of a trial court's review
of an ADPRA award, from examining the correctness of the trial
judge's determination.