New Jersey Construction and Litigation Blog

How to Stop Collection of a Judgment While You Appeal

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. Read More
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Categories: Appeals

Can An Unsigned Will Be Admitted to Probate?

Can an unsigned will be admitted to probate? The short answer is yes, provided that the party presenting the unsigned will can prove that certain exceptions apply. The evidentiary burden to demonstrate that the exceptions apply is a heavy one. Read More
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Limits on the Protection of a Personal Guarantee

Many of our clients require the unconditional personal guarantee of a company owner before entering into a contract. A personal guarantee is a good way to protect against the risk of default, but it is important to understand its limitations. Read More
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Is It Legal To Waive Municipal Mechanic’s Lien Rights in New Jersey?

While there is an explicit statutory prohibition in New Jersey on the waiver of lien rights on private projects, there is no such prohibition on the waiver of municipal mechanic’s lien rights on public jobs. Read More
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Is My Case Ripe for Appeal?

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. Read More
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How Much Time Do I Have to Pursue a Will Contest in New Jersey?

Under the New Jersey Court Rules individuals have a limited opportunity to challenge a will. With certain exceptions, a person seeking to contest a will has 4 months after probate of the will (6 months for persons residing outside of New Jersey). Read More
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Interplay Between the Municipal Mechanic’s Lien Law and the New Jersey Trust Fund Act

A Municipal Mechanic’s Lien will not secure a lien claimant’s right to recovery from a municipality if the lien is filed after all earned project funds have been paid out and retainage or excess funds are needed to complete a project. Read More
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The Limited Protection of the New Jersey Municipal Mechanic's Lien

Under a Municipal Mechanic’s Lien, the contractor or supplier’s right to payment from the municipality is limited to the amount earned, but not paid to the prime contractor by the municipality Read More
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The Impact of Fee Shifting Rules on Settlement in a New Jersey Will Contest

In general, when it comes to litigants’ payment of their attorney’s fees, courts in New Jersey follow the “American Rule.” This post will address the exception that applies to estate lawyers in probate litigation in the case of a will contest… Read More
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Employees May Waive Their Right to Sue Merely By Continuing to Work

By deeming the policy enforceable, the Appellate Division’s ruling barred the employees from continuing to pursue their claims of age discrimination against Ernst & Young in court and from having their cases heard by a jury. Read More
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