Business & Commercial Law
New Jersey Law Blog
NJ Courts Re-Up “Ascertainable Loss” Standard in Consumer Protection Cases
Posted in Business & Commercial Law
While New Jersey waits for guidance from the Supreme Court in Perez v. Professionally Green, LLC, (A-66-11) on key issues relating to state’s Consumer Fraud Act (“CFA”), the Appellate Division recently reaffirmed the principle that in order to have standing to sue under the CFA (N.J.S.A. 56:8-19), a consumer must suffer an “ascertainable loss of moneys or property” as a result of a CFA violation. Weinberg v. Sprint Corp., 173 N.J. 233, 250 (2002). Continue reading
New Jersey Realty Transfer Fee and Mansion Tax on Deeds in Lieu
Posted in Business & Commercial Law
If a lender holds a mortgage encumbering multiple properties and wants to take title to the properties by separate deeds in lieu, how are the New Jersey Realty Transfer Fee (the “Transfer Tax”) and the buyers tax due under Chapter 33, Laws of 2006 of the State of New Jersey (the “Mansion Tax”) handled? Continue reading
Selling? It Helps to be Prepared.
Posted in Business & Commercial Law
With the real estate market starting to heat up, sellers may want to consider preparing their house for sale by addressing some of the issues which may arise from a buyer’s inspection prior to listing their property. Some of these issues are: Continue reading
What is Corporate Deadlock?
Posted in Business & Commercial Law
The New Jersey Business Corporations Act and current New Jersey Limited Liability Company Act have slight differences in the way they define and address “corporate deadlock.” Continue reading
Court Holds That Strict Compliance with Income and Expense Request (Chapter 91) Required to Avoid Dismissal of Property Tax Appeal
Posted in Business & Commercial Law
In a recent case, the Tax Court of New Jersey dismissed a property owners’ tax appeal for providing a false response to the Assessor’s request for income and expenses under N.J.S.A. 54:4-34 (Chapter 91 Request). Continue reading
Mediator Fee Disputes Are Not Subject to Fee Arbitration
Posted in Business & Commercial Law
My experience is that the fees of mediators are generally paid without any problem. On those occasions when they are not paid, what process does a mediator have to follow? Mediators are not always attorneys, but in many cases they are. Continue reading
College Students and Child Support
Posted in Business & Commercial Law
Does a child’s attendance at college away from home warrant a reduction of child support? This question was the basis for a recent Opinion by the Appellate Division of the New Jersey Superior Court. Continue reading
Child Support and Emancipation in New Jersey
Posted in Business & Commercial Law
New Jersey Courts have held that child support payments, although payable to the custodial parent, actually belong to the child. Accordingly, a custodial parent is not permitted to waive child support from the other party in exchange for some other benefit. Continue reading
Landlord’s Eviction Complaint Filed Prior to Expiration of FDCPA Letter’s 30-Day Notice Deemed Premature – Court Re-Affirms Lawyer Is a Debt Collector
Posted in Business & Commercial Law
In Cisero v Rosen, ESX-LT 27084-12, Essex County Court Judge Mahlon Fast (also the author of the New Jersey “Guide to Landlord Tenant Actions in Special Civil Part”) held that a residential landlord’s sending a Fair Debt Collection Practices Act (FDCPA) notice letter, and then, filing of an eviction complaint to be heard before the 30-day expiration of the FDCPA notice was grounds to dismiss the eviction action without prejudice. This case is important for residential landlords because it shows the pitfalls of filing eviction actions without consulting counsel. Continue reading
Pre-Derivative Suit Demand Letter Is Not Required In Pennsylvania When Corporation In Question Is Closely Held
Posted in Business & Commercial Law
In Pennsylvania, a claim of corporate waste is ordinarily derivative because the corporation is the directly injured party. Pennsylvania law generally provides that unless irreparable injury would result, a Plaintiff must make a written demand on the board of directors before filing a derivative action on behalf of the corporation. Continue reading
