How a Criminal Appeals Lawyer Prefers to Challenge a Conviction In a recent post, we examined how the standard of review on an appeal from the granting of a summary judgment motion is relatively favorable. This is so despite the need to challenge fac…
The appeal of a summary judgment motion is one of the few circumstances in which a New Jersey appeals court will examine the facts of a case through its own fresh eyes, as opposed to the eyes of the trial level judge or jury.
The New Jersey Supreme Court issued an opinion clarifying the appropriate analysis to apply in determining whether a decision is ripe for appeal. The decision serves as useful guidance for appeals lawyers faced with ambiguous judgments or orders.
The filing of an appeal from a civil judgment awarding money does not automatically stop or “stay” enforcement of the judgment. The appealing party must take action and obtain a stay pending appeal from the court.
Litigants in New Jersey have a right appeal to the Appellate Division from final orders, judgments or decisions within 45 days. An appeals attorney seeking to challenge the order must act quickly to address an order that is not obviously final.
The key to differentiating between the two types of payment clauses is whether or not the language in the payment provision is absolutely clear that the risk of nonpayment is being transferred downstream... Read More
In New Jersey, the Uniform Enforcement of Foreign Judgments Act, N.J.S.A. 2A:49A-25 et seq., dictates the procedure for docketing an out of state judgment, referred to as a “foreign” judgment, in New Jersey. Read More
Bart J. Klein is the Managing Partner and the founder of the Law Office of Bart J. Klein. Mr. Klein’s more than three decades of legal experience informs his analysis of all client issues and concerns. After beginning his career practicing in t… Read More
Alex W. Klein is Of Counsel to the firm. The focus of his practice is landlord-tenant proceedings, civil litigation, commercial disputes, and labor and employment law. Mr. Klein also has extensive experience representing corporate and individual clie… Read More
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