New Jersey Construction and Litigation Blog

Keeping Inter Vivos or Lifetime Gifts

Estate and inheritance disputes may also relate to gifts or transfers of money or property made during a person’s lifetime, which are commonly referred to as inter vivos transfers or gifts. Read More
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Using Ratification to Establish Corporate Liability

Establishing Liability for An Unauthorized Order In a prior post, we looked at the issue of authority and how it can be used as a basis for a customer to challenge their obligation to pay in a business dispute involving collection of payment for good… Read More
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Steps a Supplier Can Take to Protect Itself From an Unauthorized Purchase Defense

Breach of Contract Claims Can Be Complicated By Poor Record Keeping Some of our firm’s longest standing clients are suppliers of building materials who extend credit to contractors, both large and small. As business dispute attorneys, we regularly… Read More
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3 Exceptions to the Will Contest Deadline

In a prior post, we looked at the general 4 or 6 month period in which a will contest may be filed. This post will focus on three types of exceptions to that general rule that justify the filing of a will contest after the standard deadline. Read More
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Important Attorney's Fees Shifting Opinions Issued By New Jersey Supreme Court

New Clarification on When Attorney’s Fees May Be Shifted The New Jersey Supreme Court recently issued two opinions clarifying the limitations on the exceptions to New Jersey’s general policy against attorney fee shifting. Put simply, in New J… Read More
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Business Disputes: Avoiding Liability When Using Fictitious Names

If a business is too careless in its use of a fictitious name or trade name, its agents can be exposed to liability when they would otherwise be protected by the corporate shield. Read More
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Criminal Appeals: Reversing a Conviction Due to Bad Jury Instructions

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… Read More
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Appealing From the Granting of Summary Judgment

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. Read More
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LLC and Partnership Interests: Aid to Asset Protection, Obstacle to Judgment Creditors

New Jersey LLC’s and Partnerships Can Protect Assets and Impede Judgment Collection Viewed from the perspective of asset protection or judgment collection, New Jersey’s Revised Uniform Limited Liability Company Act (“RULLCA”) is an import… Read More
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Supreme Court Clarifies When a Decision is Final and May Be Appealed as of Right

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. Read More
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