Litigation

For those unaware, after a Lower Court makes a final decision in a family court case, either party has a right to appeal that decision to the Appellate Court. A Notice of Appeal must be filed, along with any other relevant documents, within 45 days of the date of the… Continue reading →

In the courts of the State of New Jersey, adult individuals generally may prosecute or defend a civil action in person, however, state law generally prohibits any business entity other than a sole proprietorship from appearing in any court action in the State except through an attorney authorized to practice law in New Jersey. Continue reading →

Although firmly established within New Jersey Jurisprudence, the “Economic Loss Doctrine” is often overlooked by overzealous Plaintiffs who attempt to file Tort Claims in simple Breach of Contract cases. The “Economic Loss Doctrine” provides that if the factual foundation for the Cause of Action is contractual in nature, than in that event, the Parties are foreclosed from pursuing Tort Claims which are based upon the same facts. T Continue reading →

I can’t help but abuse legalese in my everyday life. Last night was no exception, when I accused my Wife of “spoliating” my good mood by watching “Glee.” Although I may have convinced my Wife to the contrary, the term “spoliation,” has nothing to do with whiny 30 year-old “high school students” incomprehensibly breaking into song. In fact, spoliation occurs when evidence that is pertinent to a lawsuit is destroyed, which interferes with the Court’s proper administration and disposition of the action. Aetna Life and Cas. Co. v. Imet Mason Contractors, 309 N.J.Super. 358, 364 (App.Div.1998) (quoting Hirsch v. General Motors Corp., 266 N.J.Super. 222, 234 (Law Div.1993)). Continue reading →