expression doctrine in New Jersey

2017Super. 577, 581 (App. Div. 2004), where we found the plaintiff signed two "separate and somewhat disparate arbitration clauses." We concluded "the presence of two conflicting arbitration provisions, the expression of a waiver of the right to trial by jury in small print, and the absence of any other clear warning or caution of the waiver of statutory rights, require[d] a rejection of [the] defendant's attempt to compel arbitration." Id. at 587 . 7 A-3325-16T1 Unlike the provisions at issue in Rockel, the MPA's alternative dispute resolution scheme was unambiguous.

2005Here, the presence of two conflicting arbitration provisions, the expression of a waiver of the right to trial by jury in small print, and the absence of any other clear warning or caution of the waiver of statutory rights, requires a rejection of these claims. [ Id. at 587, 847 A. 2d 621 .] Here, the factors noted in Rockel , which militate against mandatory arbitration, are not present.

2006Russell v. Stafford Twp., 261 N.J.Super. 43, 48 , 617 A.2d 685 (Law Div.1992).

2006Russell v. Stafford Twp., 261 N.J.Super. 43, 48 , 617 A.2d 685 (Law Div.1992).

1998See Community Realty Management, Inc. v. Harris, 155 N.J. 212, 233-34 , 714 A. 2d 282 (1998); Cohen v. Fair Lawn Dairies, Inc., 86 N.J.Super. 206, 213-14 , 206 A. 2d 585 (App.Div.1965). [7] "Some cases take the position that indirect costs—such as rent, salary of office employees, salary of administrative personnel, utilities, and other `overhead' items—are a part of the cost of production, and deduct them from the contract price to determine the net profit which may be recovered. [citations omitted] To the extent that the breach of contract allows the plaintiff an opportunity to enter into ot

1998See Community Realty Management, Inc. v. Harris, 155 N.J. 212, 233-34 , 714 A. 2d 282 (1998); Cohen v. Fair Lawn Dairies, Inc., 86 N.J.Super. 206, 213-14 , 206 A. 2d 585 (App.Div.1965). [7] "Some cases take the position that indirect costs—such as rent, salary of office employees, salary of administrative personnel, utilities, and other `overhead' items—are a part of the cost of production, and deduct them from the contract price to determine the net profit which may be recovered. [citations omitted] To the extent that the breach of contract allows the plaintiff an opportunity to enter into ot

1994This same conduct constituted a waiver of the Fifth Amendment, “but the Speech or Debate Clause provides a separate, and distinct, protection which calls for at least as clear and unambiguous an expression of waiver.” Id. ■ at 492, 99 S.Ct. at 2441 , 61 L.Ed.2d at 25 .

1994This same conduct constituted a waiver of the Fifth Amendment, “but the Speech or Debate Clause provides a separate, and distinct, protection which calls for at least as clear and unambiguous an expression of waiver.” Id. ■ at 492, 99 S.Ct. at 2441 , 61 L.Ed.2d at 25 .

1992Super. 609 , 485 A. 2d 1066 (App.Div. 1984), holding that Roll was not an expression of immunity but an affirmance of a finding of no negligence as a matter of law.

1959The court also approved ( 13 N.J. at page 302 ) the expression of the principle in Restatement of Torts (1934), § 316, p. 858, as follows: "A parent is under a duty to exercise reasonable care so to control his minor child as to prevent it from intentionally harming others or from so conducting itself as to create an unreasonable risk of bodily harm to them, if the parent (a) knows or has reason to know that he has the ability to control his child, and (b) knows or should know of the necessity and opportunity for exercising such control." There is no doubt in our minds that the evidence in the

1958The court held: “a shipper seeking reparation predicated upon the unreasonableness of the established rate must * * * primarily invoke redress through the Interstate Commerce Commission, which body alone is vested with power originally to entertain proceedings for the alteration of an established schedule, because the rates fixed therein are unreasonable * * *.” ( 204 U. S. at page 448 , 27 S. Ct. at page 358 ) Uniformity of result and expertise in technical matters are the sound reasons for the doctrine.

1958The court held: “a shipper seeking reparation predicated upon the unreasonableness of the established rate must * * * primarily invoke redress through the Interstate Commerce Commission, which body alone is vested with power originally to entertain proceedings for the alteration of an established schedule, because the rates fixed therein are unreasonable * * *.” ( 204 U. S. at page 448 , 27 S. Ct. at page 358 ) Uniformity of result and expertise in technical matters are the sound reasons for the doctrine.

1952"To sustain the plea of autrefois acquit, there must be an acquittal of the offense charged in law and in fact." State v. Di Giosia, supra .

1952"Chief Justice Beasley in writing the opinion said, at page 616, that the expression of immunity in this particular class of cases in our Constitution, namely, that `no person shall, after acquittal, be tried for the same offense, would seem to give rise to the implication of exclusion of immunity in all cases except acquittal; that a second trial is not interdicted when the first trial has proved abortive by reason of the mistake or misconduct of the judge or jury, or from accident, but only in the one case where the trial has resulted in an acquittal; and that the form of the entry of judgme