Recent Case Underscores Reluctance of New Jersey Courts to Award Attorney’s Fees
New Jersey follows the American Rule, which is that each party pays their own attorney’s fees no matter who wins. A recent Appellate case looked at a scenario where one party may receive fees from the other. In that case, the court affirmed the trial court’s denial of attorney’s fees […]
Read More....New Jersey Court Says Residential Homeowners Are Not Liable for Sidewalk Injuries
Residential homeowners are not liable for injuries caused by the conditions of sidewalks abutting their properties, according to the New Jersey Appellate Court, even if that property could be used to generate multifamily rental income. Rather, liability turns on whether the property was actually being used for commercial purposes at the time of the accident. […]
Read More....Force Majeure Contract Clauses Come Into Focus as the Coronavirus Causes Widespread Disruption in Daily Life
As the public health emergency stemming from the spread of COVID-19, commonly referred to as the Coronavirus, continues to worsen, its far-reaching effects are being felt outside of the public health arena. As the disruptions in everyday life become more pervasive, individuals and businesses should also be aware of the legal ramifications of what has […]
Read More....New Jersey Wrongful Termination Plaintiff Forced to Arbitrate Despite Change in Law
In a recent case decided by the New Jersey Appellate Court, the plaintiff signed an arbitration agreement with PSEG when he first took a job with them in 2008. After he took another job with PSE&G, a PSEG subsidiary, in 2011, he was eventually terminated for various reasons including allegedly misconstruing his work hours and […]
Read More....New Jersey Expands Wage Laws to Create Greater Penalties and Liability for Employers
On August 6, 2019, New Jersey enacted a new law increasing penalties and liability for employers who commit wage violations. The law revises New Jersey’s Wage and Hour Law (WHL), Wage Collection Law (WCL), and the Wage Payment Law (WPL). The main changes of this law affect anti-retaliation provisions, statutes of limitations, penalties, administrative power […]
Read More....Internet Car Sale Not Subject to Suit in New Jersey Courts
A California man who sold a vintage car to a New Jersey man over the internet was found not subject to suit in a New Jersey court, even for a claim arising out of that exact sale. According to a recently decided case by the New Jersey Appellate Court, a single internet sale by a […]
Read More....Can Debtors Plead the Fifth in a Collection Action?
The New Jersey Appellate Court recently held that Fifth Amendment protections might not extend to debtors that refuse to comply with discovery requests, including questions regarding their loan obligation and requests for documentation. Rajendra and Jyoti Kankariya (“Defendants”) own Lotus Exim International (“LEI”) which is a marble and granite wholesaler. Defendants took out a $17 […]
Read More....State of New Jersey May Be Liable To Motorcycle Accident Victim
The New Jersey Appellate Court recently overturned a trial court decision dismissing claims against the State of New Jersey in a personal injury case. Plaintiff Milagro Arita-Mejia (“Arita”) was involved in a motorcycle collision on an enclosed ramp that descended onto Interstate 495 in Union City, NJ. Arita was a passenger on the motorcycle, but […]
Read More....Proving Undue Influence in New Jersey Estate Litigation
In a recent decision, the New Jersey Appellate Court made two separate findings regarding undue influence on an elderly mother (“decedent”), even though all of the alleged events happened within the same general time period. The decedent’s Last Will and Testament (“Will”) appointed her daughter, Cathy Timpone (“Timpone”) as executrix of the estate and split […]
Read More....Gross Negligence Standard and its Implications on Personal Injury Cases and HOAs in NJ
The New Jersey Appellate Court recently held that a condominium association was not grossly negligent in a slip and fall incident that occurred in one of its common areas. Diane Kechejian (“Kechejian”) slipped on ice around 8:45 a.m. on a Sunday morning while she was walking from the condominium association’s (“Association”) parking garage to […]
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