Litigation
The Economic Loss Doctrine’s Preclusion of Tort Claims Related to a Breach of Contract
Posted in Litigation
In the context of a breach of contract action, one very important, often misunderstood, legal doctrine is the economic loss doctrine. In general, the purpose of this legal doctrine is to prevent a breach of contract case from devolving into a creative pleading contest, which can become unnecessarily cluttered with… Continue reading
Commercial Foreclosures in Pennsylvania: How Deal Formation Impacts Litigation
Posted in Business & Commercial Law, Litigation, Pennsylvania Law Monitor
The fact that commercial transactions can very easily become complex is not a novel statement. When financial institutions lend money to commercial entities, the basic documentation required to evidence the loan, promise to repay, and perfect security interests in any collateral is a measurable amount of paperwork. When the specifics… 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
Navigating Commercial Real Estate Litigation in Pennsylvania
Posted in Litigation, Pennsylvania Law Monitor, Real Estate
Commercial real estate transactions in Pennsylvania can be complex, involving a myriad of legal intricacies. When disputes arise, navigating the landscape of commercial real estate litigation becomes essential. In this blog post, we’ll explore key considerations for businesses and individuals involved in commercial real estate disputes in the Commonwealth of… 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
What is a Negligent Hiring Claim in New Jersey?
Posted in Employment Law, Litigation
Employers’ employees often encounter other members of the public. Those interactions can lead to litigation. For example, as addressed in one of my prior blog posts, an employee could be accused of sexually harassing a customer, vendor, or other third party. As discussed in that prior blog post, that could… Continue reading
Recent NJ Appellate Division Ruling Offers Guidance on Sexual Harassment of Non-Employees
Posted in Employment Law, Litigation
The New Jersey Appellate Division issued a decision which sheds light on the issue of whether an employee’s sexual harassment of a third-party (non-employee) could subject the employer to liability under the New Jersey Law Against Discrimination. This was the first instance where a New Jersey Court considered the “issue… Continue reading
Exploring Current Popular Topics in Estate Litigation in Pennsylvania
Posted in Litigation, Trusts & Estates
Estate litigation in Pennsylvania encompasses a range of legal issues arising from the distribution and administration of an individual’s assets upon their death. As the legal landscape evolves, certain topics emerge as popular areas of dispute within estate litigation. In this blog post, we will explore some of the current… Continue reading
Conducting Depositions in a Virtual World
Posted in Litigation
The COVID-19 pandemic altered the landscape for many industries, the legal industry being no exception. The inability to attend hearings, trials, or even client meetings in-person forced lawyers to adapt to new ways of working. One of the most significant, and likely most permanent, changes has been the move to… Continue reading
Shareholder Disputes in Pennsylvania
Posted in Litigation, Pennsylvania Law Monitor, Shareholder Oppression
Shareholder disputes can be costly and time-consuming for Pennsylvania businesses. These disputes can arise for various reasons, including disagreements over management decisions, allegations of breaches of fiduciary duties, and disputes over ownership and control of the company. Pennsylvania law provides various avenues for litigating shareholder disputes, including mediation, arbitration, and… Continue reading