Recent Blog Posts

Notice Requirements for Open Board Meetings

By Stark & Stark on June 18th, 2013

Posted in Business & Commercial Law

The board of directors of a community association may have multiple meetings throughout the year. When these board meetings are “open” the members of the association are entitled to attend and observe. Having the right to attend a meeting is meaningless unless a member knows when and where the meeting will be held. Therefore, in accordance with N.J.A.C. 5:20-1.1, et seq., a board must ensure that proper notice requirements are followed. Continue reading

The Economic Loss Doctrine

By Paul W. Norris on June 17th, 2013

Posted in Litigation

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

The New Jersey Adult Guardianship and Protective Proceedings Jurisdiction Act

By Stark & Stark on June 10th, 2013

Posted in Business & Commercial Law

In December of 2012, the State of New Jersey adopted the New Jersey Adult Guardianship and Protective Proceedings Jurisdiction Act. This same Act has been adopted by a majority of U.S. States. The purpose of this Act is to insure uniformity concerning potential Jurisdiction issues which may arise between the U.S. States with regard to guardianship and other protective proceedings initiated in either the State of New Jersey or any other State. Continue reading

Workers Compensation for the Loss of a Body Part (“Specific Loss”)

By Stark & Stark on June 3rd, 2013

Posted in Pennsylvania Law Monitor

The Pennsylvania Workers’ Compensation Act provides that certain injuries are eligible for specific loss awards. A specific loss in Workers’ Compensation is when you lose use of a specific body part. In that case, the Workers’ Compensation Act has predetermined a set amount of weeks that you are permitted to receive payment, based on the body part you lost. Continue reading

Documenting Back Charges in Construction Projects

By Stark & Stark on May 24th, 2013

Posted in Business & Commercial Law

Whether you are Project Owner, a General Contractor or a Sub-Contractor, there are often times where a third party performs work or provides services or materials on your behalf for a project. If any issues with an entity or an individual that you hired to perform work are seen, it is very important that you carefully document these issues so you can protect yourself should a dispute develop in the future. Virtually every Construction Contract provides for remedies in the event of a default in performance by an individual or entity retained under the Contract. Continue reading

Enforcing an Out-of-State Judgment in New Jersey

By Stark & Stark on May 20th, 2013

Posted in Bankruptcy & Creditor's Rights

If you hold a judgment obtained in another state against a resident of New Jersey, you may wonder whether your judgment can be enforced in New Jersey without new legal action being initiated. The answer is “yes”. New Jersey has adopted the Uniform Enforcement of Foreign Judgments Act (N.J.S.A. 2A:49A-25, et seq.) (the “Act”) which sets forth a fairly simple process by which a foreign judgment -a judgment, decree or order issuing from a court outside of New Jersey but which is entitled to full faith and credit in New Jersey[1] – can be filed with the Clerk of the Superior Court, and thereafter enforced in the same manner as if it had been entered in New Jersey. Continue reading

NJ Courts Re-Up “Ascertainable Loss” Standard in Consumer Protection Cases

By Stark & Stark on May 2nd, 2013

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

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Hamilton, NJ 08619
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