Josh Finkelman v. National Football League, et al (080501

Josh Finkelman v. National Football League, et al (080501) (Statewide) (A-38-17; 080501) (1) The term “person” in section 35.1 includes not only ticket brokers and resellers, but also other individuals and entities with “access to tickets to an event prior to the tickets’ release for sale to the general public.” N.J.S.A. 56:8-35.1. (2(a)) The sale of tickets to winners of the NFL’s ticket lottery constitutes a “release for sale to the general public” within the meaning of section 35.1. (2(b)) The Super Bowl tickets sold to lottery winners were the only 2014 Super Bowl tickets designated by the NFL for “release for sale to the general public” within the meaning of section 35.1, however. The NFL’s distribution of other tickets to the 2014 Super Bowl to its teams, other selected individuals, and entities therefore does not constitute the unlawful withholding of more than five percent of “tickets to an event prior to the tickets’ release for sale to the general public” under section 35.1.

MATTHEW P. TERRANOVA, ET AL. VS. GENERAL ELECTRIC PENSION TRUST, ET AL. (L-6691-15, MIDDLESEX COUNTY AND STATEWIDE) (A-5699-16T3)

MATTHEW P. TERRANOVA, ET AL. VS. GENERAL ELECTRIC PENSION TRUST, ET AL. (L-6691-15, MIDDLESEX COUNTY AND STATEWIDE) (A-5699-16T3)

Plaintiffs, after prevailing in an action against property owners they alleged were the sole dischargers liable pursuant to the New Jersey Spill Compensation and Control Act, brought suit seeking clean-up contribution under the Spill Act from other owners of the same property.

The court affirmed the trial court's grant of summary judgment, holding the doctrine of judicial estoppel was a defense to Spill Act claims. Although plaintiffs possessed information sufficient to put them on notice of possible Spill Act claims against other property owners, they did not name those owners as defendants in the first action. The court held the application of judicial estoppel to Spill Act claims compels plaintiffs to pursue in a single action all dischargers that are known or knowable. Plaintiffs' subsequent action against the dischargers of which they had notice was precluded.

J.G. VS. J.H. (FD-21-0329-14, WARREN COUNTY AND STATEWIDE) (A-1326-17T2)

J.G. VS. J.H. (FD-21-0329-14, WARREN COUNTY AND STATEWIDE) (A-1326-17T2)

Because the welfare of children is paramount whether the parents are married, divorced or never-married, the court reverses and remands for a plenary hearing in this non-dissolution, FD, child custody matter. The mother, J.G. (Jane) appeals from a custody and parenting time order entered after the judge denied discovery, denied Jane's lawyer the right to participate in the proceedings, did not afford cross-examination or an opportunity to call witnesses and decided the issues without fact-finding or a consideration of the statutory custody factors, N.J.S.A. 9:2-4(c). The court reviews the appropriate way to handle FD custody matters, pursuant to Administrative Directive #01-02, "Standards for Child Custody and Parenting Time Investigation Reports" (Apr. 2, 2002), the Rules of Court and relevant statutes.

INTERACTIVE BROKERS, LLC, ET AL. VS. RICHARD W. BARRY, ETC. (C-000036-18, HUDSON COUNTY AND STATEWIDE) (A-4197-17T4)

INTERACTIVE BROKERS, LLC, ET AL. VS. RICHARD W. BARRY, ETC. (C-000036-18, HUDSON COUNTY AND STATEWIDE) (A-4197-17T4)

In this action arising out of the aftermath of a Ponzi scheme operated through a hedge fund, a Receiver was appointed on behalf of the fund and authorized to pursue all causes of action belonging to the fund.

The hedge fund operated through the securities trading platform of plaintiffs Interactive Brokers, and its employee, Kevin Michael Fischer. The Receiver instituted suit against plaintiffs, alleging they aided and abetted the breach of fiduciary duty and common law fraud and initiated arbitration proceedings under the Financial Industry Regulatory Authority (FINRA) Code and the Customer Agreement executed between plaintiffs and the hedge fund's founder.

Plaintiffs moved for injunctive relief, arguing the claims asserted by the Receiver were beyond the scope of his authority because they were grounded on the damages suffered by the hedge funds' defrauded investors, rather than the hedge fund itself.

The court concluded the Receiver acted within the statutory authority granted him under N.J.S.A. 49:3-69(c) and (d) and N.J.S.A. 14A:14-1 to -27. The Statement of Claims submitted to FINRA listed the hedge fund as its sole claimant. A receiver's action is not invalidated, even if the return of the assets to the receivership may ultimately benefit its investors.

As the dispute fell within the Agreement, the parties were mandated to arbitrate the dispute in FINRA.

M.G. VS. S.M. (FM-12-0446-15, MIDDLESEX COUNTY AND STATEWIDE) (A-1290-17T1)

M.G. VS. S.M. (FM-12-0446-15, MIDDLESEX COUNTY AND STATEWIDE) (A-1290-17T1)

The court addresses and establishes the factors a trial court should consider in determining whether to make an equitable distribution of restricted stock units where the stock vests post-complaint and the employed spouse asserts the vesting is attributable to that spouse's future employment efforts.

The court holds that the party seeking to exclude assets from equitable distribution on such grounds bears the burden to prove the stock award was made for services performed outside of the marriage. That party must adduce objective evidence to prove the employer intended the stock to vest for future services and not as a form of deferred compensation attributable to the award date.

NJ HIGHLANDS COALITION V. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION (A-3180-14T1)

NJ HIGHLANDS COALITION V. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION (A-3180-14T1)

This opinion, decided on August 4, 2017, is being published at the request of the Supreme Court. Appellants N.J. Highlands Coalition and Sierra Club N.J. challenged a settlement agreement between the NJDEP and a developer relating to the development of a 204-unit inclusionary housing project in the Borough of Oakland. Pursuant to the settlement agreement, the NJDEP issued two freshwater general permits and a transition area waiver, which appellants also challenge. We held that the NJDEP correctly concluded the developer was entitled to an exemption under N.J.S.A. 13:20-28(a)(17), and the NJDEP's decision to approve the general permits and transition area waiver was not arbitrary, capricious, or unreasonable.

OASIS THERAPEUTIC LIFE CENTERS, INC. VS. PETER G. WADE, ET AL. (L-1287-17, MONMOUTH COUNTY AND STATEWIDE) (A-0711-17T3)

OASIS THERAPEUTIC LIFE CENTERS, INC. VS. PETER G. WADE, ET AL. (L-1287-17, MONMOUTH COUNTY AND STATEWIDE) (A-0711-17T3)

Plaintiff's complaint alleged that defendants' interference with plaintiff's efforts to purchase property for use as a group home for autistic individuals violated the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49. The court concluded, as the LAD makes clear, that it is, in fact, unlawful to discriminate against a buyer because of the disability of a person intending to live on the premises, even if the buyer does not fit within a protected class, N.J.S.A. 10:5-4.1, and that it is, with a discriminatory intent, unlawful to interfere with another's transaction, N.J.S.A. 10:5-12(n). In reversing the motion judge's dismissal of the complaint pursuant to Rule 4:6-2(e), the court also rejected the application of the Noerr-Pennington doctrine to the claim that defendants sabotaged plaintiff's efforts to secure a grant from the Monmouth Conservation Fund; that nonprofit foundation was not shown to be a governmental or quasi-governmental body.