Author: Paul W. Norris
Restoring Capacity: Terminating or Amending a Guardianship
Posted in Probate Litigation
In some instances, even after an individual is deemed incapacitated and a guardian is appointed, an application may be subsequently filed by the incapacitated person to either terminate the guardianship or to reduce the scope of the guardianship. Such an action is called a restoration of capacity action and is… Continue reading
Types of Guardianships in New Jersey
Posted in Probate Litigation, Trusts & Estates
If you are considering seeking a guardianship of an individual or have been named as an interested party to such an application, it’s crucial that you understand the types of guardianship that exist in the State of New Jersey. This knowledge will empower you to make informed decisions. In general,… Continue reading
Capacity to Execute a Last Will and Testament
Posted in Probate Litigation
When an individual executes a Will near the end of their lives, or at a time that they are suffering from emotional or physical trauma, a question may arise whether the decedent had sufficient capacity to execute their Last Will and Testament. As such, it is important to evaluate their… Continue reading
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
