Author: Paul W. Norris
What is Undue Influence in the Context of a Will Contest?
Posted in Probate Litigation, Trusts & Estates
During a Will contest, a party challenging a Will may assert that the Will was the product undue influence being exerted over the decedent by the party who benefited by the disputed Will. The question arises: What is what is undue influence and how can it be demonstrated? This blog… Continue reading
Misappropriation of a Trade Secret in New Jersey
Posted in Litigation
In the business world, a company might have information, a process, a technique, or a design that they consider to be a trade secret. The question is whether the aforementioned constitutes a protectable trade secret under NJ Law. The New Jersey Trade Secrets Act defines what may be considered a… Continue reading
Tortious Contractual Interference in New Jersey
Posted in Litigation
In a free-market economy, competitors can generally pursue prospective clients in any fashion as long as the pursuit does not run afoul of the law. At times, however, this pursuit could give rise to a claim of tortious interference with a prospective economic advantage should certain factors be present. Under… Continue reading
Employee’s Duty of Loyalty to Employer
Posted in Employment Law
While everyone is undoubtedly aware that an employee is not lawfully permitted to steal from his/her employer, the next logical question concerns what specifically are an employee’s legal obligations during their course of employment. In general, in New Jersey, an employee has a duty in the course of their employment… Continue reading
Enforcing a Construction Lien
Posted in Construction Litigation
Now that you have successfully filed your construction lien claim, whether the lien involves a commercial or residential property, the next logical question is what must be done to enforce the construction lien and to receive payment for the materials and/or services that were provided. The next step in this… Continue reading
The Short Time Period to Contest a Will
Posted in Probate Litigation
In most civil litigation in the state of New Jersey, the time to file a cause of action ranges from approximately one year to six years, with some exceptions. Regarding filing a Will Contest, however, that time frame is dramatically shorter. It is crucial that if you are considering contesting… Continue reading
Shifting the Burden of Proof During a Will Contest
Posted in Probate Litigation
In virtually all litigation, the party that commences the lawsuit, typically referred to as the plaintiff, bears the burden of proof to establish his/her claims for which they seek relief from the Court. A defendant’s role is essentially to defend against a plaintiff’s allegations without an affirmative obligation to prove… Continue reading
Guardianship vs. Power of Attorney: What Do I Need?
Posted in Probate Litigation
At some point in our lives there may come a time when we need to rely upon another individual to assist us with managing our finances, managing our healthcare, or simply helping us with daily tasks. One question that typically arises concerns what is the best arrangement to enter into… Continue reading
Duty of Power of Attorney to Account
Posted in Probate Litigation
It is very typical for a parent or spouse to grant another individual, which is usually a family member, a power of attorney to assist them should there arise a time when they become either mentally incapacitated or physically unable to attend to necessary tasks in their lives. Although powers… Continue reading
Execution of a Will on the Testator’s Deathbed
Posted in Probate Litigation
It is not uncommon for testators to execute Wills or to change existing ones close to the time of their death. What is more unusual, however, is when Wills are signed merely days or even hours immediately prior to their death. Under such circumstances, it renders it likely that a… Continue reading
