Business & Commercial Law
New Jersey Law Blog
Does Equitable Distribution of a Pension Allow for Termination of Alimony Upon Retirement?
Posted in Business & Commercial Law
It has long been held that in order to equitably distribute a State pension (or other defined benefit pension), you apply a percentage of the coverture fraction to determine what the non-employed spouse shall receive upon the employed spouse’s retirement. The coverture fraction is determined with the numerator being the… Continue reading
Can Parents Agree to Waive Child Support in Consideration for a Waiver of Visitation?
Posted in Business & Commercial Law
I have encountered this question, or variations of it, with some frequency over the years. My answer, while surprising to some, is always “no.” This is not to say that parties are barred from entering into settlement agreements concerning their children; on the contrary, New Jersey law strongly favors such settlements… Continue reading
Agents of Liability: Can the Acts of Another Bind a Business?
Posted in Business & Commercial Law
Whether in time of economic growth or decline, all businesses must be mindful of potential liability. The nature and extent of liabilities has a direct effect on profits, which can hamper business growth and require cutbacks, among other things. Knowing where and how liabilities arise can prevent negative effects on… Continue reading
Latent or Hidden Defects in the Sale of A Residence
Posted in Business & Commercial Law
When you are either purchasing or selling a residence, you will become familiar with the Seller’s Disclosure Statement which is provided by a seller of a residence. This Statement is designed to disclose all known defects and/or issues with the residence to a purchaser. While some of the issues may… Continue reading
New Insurance Offering: Ebola Business Interruption Coverage
Posted in Business & Commercial Law
The insurance industry is reacting to the recent realities that the Ebola virus has the potential to have an impact on U.S. based businesses. NAS Insurance Services recently announced that it will offer Ebola Business Interruption Coverage in conjunction with Prospect Insurance Brokers Ltd and the Ark Syndicate at Lloyd’s… Continue reading
Should I Sue My Home Improvement Contractor?
Posted in Business & Commercial Law
Virtually every homeowner at some point has hired a home improvement contractor to provide materials or services with regard to work on their residence, whether to increase the value of the home, or simply to perform repairs due to damages caused by other circumstances. Obviously, if the home improvement contractor… Continue reading
Challenging the Capacity of the Testator to Execute a Will
Posted in Business & Commercial Law
It is not uncommon that a Will may be executed by a decedent either relatively close to the time they pass away, or even immediately prior to their passing. If a dispute arises as to the validity of a Will under these circumstances, one of the grounds for attack would… Continue reading
Commercial Tenant Appeals Judgment of Possession and Obtains Transfer to Law Division Based on Square Footage Discrepancy
Posted in Business & Commercial Law
On October 16, 2014, the Appellate Division issued a case for publication concerning a tenant’s right to transfer a non-payment eviction matter to the law division. The Appellate Division in Bejoray, Inc. v. Academy House Child Development Center, A-5161-12T3 held that a tenant’s request to transfer an eviction matter, when… Continue reading
Beware of Time Limits for Homeowners to Sue Their Insurance Carriers
Posted in Business & Commercial Law
Most homeowner’s policies issued in New Jersey contain statutes of limitation for filing a lawsuit against an insurance carrier where the homeowner (insured), disagrees with the insurance carrier’s claim payment amount, or refusal to make any payment on a claim. In a recent unpublished United States District Court opinion, Turkmany… Continue reading
How the New Alimony Law Deals with Unemployment
Posted in Business & Commercial Law
In the past, if a person was terminated from his or her job and wanted to modify alimony due to a change in circumstances, our courts would many times not even consider such an application until six months to a year had passed. During that time, the unemployed person would… Continue reading
