Business & Commercial Law
New Jersey Law Blog
Counsel’s Selection and Compilation of Discoverable Documents Should Be Protected Under the Work Product Doctrine
Posted in Business & Commercial Law
The Federal Courts have protected compilations under what has been termed the “selection and compilation” theory of the work product doctrine. Federal Courts have held that, in cases that involve reams of documents and extensive document discovery, the selection and compilation of documents is often more crucial than legal research. Continue reading
Divorced Parents’ Responsibility to Fund Higher Education Expenses
Posted in Business & Commercial Law
New Jersey is among a minority of states that require divorced or separated parents to fund their children’s higher education expenses. Continue reading
Sub-subcontractor’s Claim Against an EPC Contractor Based Upon Unjust Enrichment or Quantum Meruit Theories
Posted in Business & Commercial Law
It is well established that sub-subcontractors may not maintain direct actions against EPC contractors or owners based upon a theory of unjust enrichment or quantum meruit. Continue reading
Consideration: A Required Element For An Enforceable Contract
Posted in Business & Commercial Law
What is consideration? A simple way of defining consideration is to say that both sides must “get something out of the exchange.” Continue reading
Getting a Divorce Without Ever Entering a Courtroom
Posted in Business & Commercial Law
Until recently, it was impossible to get a divorce in New Jersey without at least one party appearing before a Judge and requesting the divorce. However, despite the new procedure many attorneys still proceed with the standard default divorce procedure. Continue reading
Can the Court Compel the Sale of the Marital Residence while a Divorce is Still Pending?
Posted in Business & Commercial Law
The equity in a marital residence (defined as the appraised value of the residence minus the existing mortgages and liabilities) is often the largest asset to distribute in a divorce. Continue reading
Safeguards and Protections Against Improper Lein Filing Under the New Jersey Construction Lien Law
Posted in Business & Commercial Law
The New Jersey Construction Lien Law permits subcontractors to encumber land in an expedient manner, while providing the contractor or owner with minimal due process rights. As a result, the New Jersey legislature has imposed strict safeguards, which protect the contractor or owner against the improper filing of construction liens on real property. Continue reading
Arbitrator’s Powers Under Revised Arbitration Act
Posted in Business & Commercial Law
In Michael S. Kimm v. Blisset, LLC., et als. the Appellate Division of the Superior Court of New Jersey drew distinctions between: 1) fee disputes between attorneys and clients; 2) arbitrations in Court annexed proceedings; and 3) arbitrations held pursuant to private agreements. In addition, the Court focused on the meaning of the recently enacted New Jersey Arbitration Act, N.J.S.A. 2 A: 23 B-1 to 32 as it relates to the powers of an arbitrator. Continue reading
Capital Contributions and Common Interest Community Associations: Perfect Together?
Posted in Business & Commercial Law
A new proposal working its way through the Legislature would protect by statute an additional source of revenue for many condominium associations in New Jersey. Without much media attention or fanfare, Bill A-2822 was introduced in the New Jersey Assembly on March 9, 2006, sponsored by Assemblymen Frederick Scalera (D – Nutley) and Peter J. Biondi (R – Somerville). Continue reading
“Pedophile-Free” Common Interest Community Associations – The Wave of the Future or Unconstitutional?
Posted in Business & Commercial Law
Municipalities in New Jersey are taking action now more than ever to protect their residents – especially their children – through Drug-Free School Zones, DNA identification programs for children, criminal background checks for youth athletic league coaches, and now “Pedophile-Free Zones”. In May 2005, Hamilton Township, New Jersey passed a “Pedophile-Free Zones” Ordinance that may be the strongest in the nation. Continue reading
