Civil Litigation
Did You Actually Read Your Home Improvement Contract?
Doing some home improvement to your home, your shore house, or investment property can be exciting. You have a vision, a good contractor, and you’re eager to get started. However, it’s important to take your time with the home improvement contract. Be sure that it is thorough, clear, and includes all necessary items before you […]
Read More....Why You Should Always Remember to Read What You’re Signing
“Always read what you’re signing”: it seems like common sense advice. However, when you are in a rush or a document is tediously long, it can be easy to be compelled to skim. As strong as the urge may be in the moment, remember to slow down and take the time to read what you’re […]
Read More....NJ Tort Claims Notice Requirements Halt Another Plaintiff
In daily life, some rules are meant to be broken, and some are made to be strictly followed, if you don’t follow said rule you end up with a tort claim on your plate. This is the lesson a New Jersey man recently learned when the Appellate Division affirmed the Superior Court’s denial of his […]
Read More....You Should Not Put Your Head in the Sand If You Are in a lawsuit
You cannot simply ignore a lawsuit brought against you because you do not want to participate or you do not know what to do. Once an action is filed, and you are served with the initiating documents, namely a Summons and Complaint, the clock starts ticking on your time to respond. The consequences of failing […]
Read More....You Can Be Forced to Sue Outside of New Jersey
Due to the growing prevalence of Internet shopping, it is worthwhile for suppliers, retailers, and all other individuals or corporations who conduct interstate business through such platforms to familiarize themselves with basic jurisdictional laws in order to avoid future liability in inconvenient or undesirable forums. While determining the state in which you can file your […]
Read More....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....Plaintiffs Must Follow Strict Time Requirements When Filing Tort Claims Against Public Entities
Plaintiffs must file a tort claims notice against public entities in New Jersey no later than 90 days after the accrual of a cause of action, unless “extraordinary circumstances” exist to justify filing a complaint out of time. In a recent case out of the New Jersey Appellate Court, the estate of a prisoner who […]
Read More....New Jersey Landlords May be Held Liable for Criminal Acts by Others Against Tenants
A landlord who fails to take certain safety precautions, such as fixing locks in an apartment unit, may be held liable for a resulting criminal act against a tenant. The New Jersey Appellate Court held in a recent case that a landlord had a duty to protect tenants from third parties through reasonable means, and […]
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....Medical Malpractice Victim’s Claim Dismissed for Failure to Provide Timely Notice to Public Entity
In a recent medical malpractice case, the New Jersey Appellate Court held that a patient failed to file his complaint in a timely manner and therefore was unable to state a claim against the Rutgers Cancer Institute. In 2009, Hiccson Gomez (“Gomez”) was diagnosed with colon cancer. He had surgery and was in remission for […]
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