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ARBITRATOR'S FRAMING OF ISSUES ENTITLED TO DEFERENCE
"A New Jersey appeals court on Wednesday put into place a deferential standard of judicial review of arbitrators' interpretations of the issues submitted to them, one that follows the federal model. The Appellate Division said that a trial judge erred in finding an arbitrator had exceeded the scope of his authority by ruling on issues not specifically raised by the parties in an employment dispute arising under a collective bargaining agreement. The ruling, in Twp. of Wyckoff v. PBA Local 261, A-2268/2527-07, is significant because although New Jersey courts have long applied a deferential standard of review to arbitrators' substantive decisions, there is no N.J. precedent applying that standard to an arbitrator's interpretation of the issue to be settled."

NEW CASES ON COURT'S DOCKET TEST PRIVILEGE, DEPOSITION BOUNDARIES
"Aggressive lawyering at two of the state's high-profile litigation firms ? Sills Cummis & Gross and Nagel Rice ? is under attack in cases the state Supreme Court has added to its agenda for the term that begins Sept. 14. A case in which Sills Cummis of Newark is facing sanctions and disqualification gives the Court an opportunity to make significant refinements in the law governing companies' control over employees' electronic communications. And the issue in a case against Bruce Nagel of Nagel Rice of Roseland is whether he or his client should pay a frivolous pleading fee award to an opponent. The two appeals were among 23 the Court added to its docket on Aug. 24 along with the usual smattering of criminal matters, two eminent domain disputes and a product-liability case being followed closely by construction lawyers."

CALLING BUILDER'S ACTION A SLAPP SUIT, COURT ORDERS LEGAL FEES
"A developer's malicious-prosecution action against a Union City man and his lawyer who challenged a condominium project approval was a SLAPP suit meant to silence their opposition, and so he will have to pay their legal fees, a state appeals court says. Maximus Real Estate Fund accused retired businessman Larry Price and Edgewater solo Libero Marotta of bringing a prerogative writ action against the Union City Board of Adjustment to extort money from the developer. The appeals court, in Maximus Real Estate Fund v. Marotta, A-5459-07, found Maximus had filed a frivolous SLAPP suit and that a trial judge, in denying sanctions, erred by focusing on the failure to deter Price and Marotta instead of on Maximus' motive in suing them."

HIGH COURT JUSTICES AMONG THOSE PAYING TRIBUTE TO KENNEDY
"The Supreme Court on Wednesday issued a pair of statements on the death of Sen. Ted Kennedy, D-Mass. ? one from Chief Justice John Roberts Jr., who called Kennedy "a sincere, dedicated, and tireless public servant," and the other from Justice Stephen Breyer, who worked for Kennedy 30 years ago as chief counsel to the Senate Judiciary Committee and who praised him for "his practical wisdom, his sense of humor, his determination, and his love of his country and its history." And a handwritten note found in the recently released papers of the late Chief Justice William Rehnquist serves as an example of Kennedy's talent for making alliances and extending courtesies across the aisle and with adversaries."

SOUTER BLOCKS ACCESS TO HIS PAPERS FOR 50 YEARS
"Retired Supreme Court Justice David Souter is donating his personal and professional papers to the New Hampshire Historical Society, but he has placed an extraordinarily long restriction on public access to his papers, barring anyone from viewing the material for 50 years ? a lengthier seal than any justice has placed on papers in recent memory. The unusually severe bar on access is surprising in one sense, but very Souter-esque in another. Souter is an avid historian ? in fact joining the board of trustees of the New Hampshire Historical Society as part of the announcement of his decision to donate his papers there. He knows well the obligation of historical figures and public officials to help flesh out the how and why of important events. But Souter is also an intensely private person, especially protective of the Court on which he served for 19 years."

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