Recent Blog Posts

Minority Oppression – Appointment of A Custodial Receiver

By Stark & Stark on July 7th, 2011

Posted in Business & Commercial Law

In previous blog entries, I focused on the causes and final remedies available in minority oppression cases. This posting focuses on what happens during the pendency of the litigation if the parties cannot run the subject company. Depending on the circumstances, the Court possesses the inherit power to appoint a custodial receiver to manage the subject corporation’s affairs during the pendency of the minority oppression claim. See, N.J.S.A. 14A:12-7(4). A custodial receiver is generally charged with protecting and preserving the corporation itself while the case is pending. Continue reading

What Happens if I Selected Health Insurance Primary on my Auto Insurance Policy but I Don’t Have Health Insurance?

By Stephen M. Di Stefano on July 1st, 2011

Posted in Motor Vehicle Accidents

In a previous blog post, I discussed Personal Injury Protection benefits. In 1990, the New Jersey legislature amended what is known as the “no fault law” and gave insureds the option to designate either their automobile insurance carriers or their health insurance carriers as the primary source for Personal Injury Protection benefits. Why would someone choose this option? When the law was amended, those electing to have their health insurers as primary carriers were guaranteed a 25% reduction in the premium applicable to the first $250,000 in PIP coverage. In layman’s terms, if an insured chooses his health insurance carrier has the primary source for PIP benefits, his insurance policy premium can cost less money. Continue reading

New Jersey Tort Claims Notice

By Stark & Stark on June 17th, 2011

Posted in Injury Law

Title 59, known as the New Jersey Tort Claims Act, is the controlling authority for how to proceed in an action for personal injury against a public entity. If you were injured on public property or by a public entity or public employee, you MUST file a Notice of Tort Claim against that entity. Continue reading

Litigation Hold Letters – Do I Need to Comply?

By Stark & Stark on June 3rd, 2011

Posted in Business & Commercial Law

So you’ve received a litigation hold letter demanding that you cease from destroying any evidence. One of the first questions that comes to mind is – “Do I need to comply?” Essentially, a litigation hold letter requests that the recipient (either an individual or company) cease from destroying any documents, both physical and electronic, that may be relevant to litigation. The litigation may be currently pending or the party may be threatening future action. Compliance with the letter depends upon whether you: (1) are a party to the pending litigation; (2) are a non-party to a pending litigation; or (3) anticipate being made a party to a lawsuit. Continue reading

New Jersey Supreme Court “Splits the Baby” on the Entire Controversy Doctrine

By Stark & Stark on June 1st, 2011

Posted in Business & Commercial Law

In any complex litigation, there are potentially numerous claims that could be asserted against an even greater number of parties. For example, a Condominium Association could bring a construction defect claim against a developer. The developer, in turn, could have claims against the subcontractors it used, its insurance carrier, its suppliers and its consultants. Continue reading

Motorcycles and Uninsured/Under-insured Motorist Coverage

By Stark & Stark on May 19th, 2011

Posted in Pennsylvania Law Monitor

The Supreme Court of Pennsylvania recently decided a case involving the issue of whether a motorcyclist, who has a motorcycle insurance policy, can collect underinsured (this would also apply to uninsured) motorist coverage from his automobile insurance policy if he is involved in an accident while riding his motorcycle. The insurance policy provision that was at issue is known as the “household exclusion.” This exclusion, which is routinely part of an automobile insurance policy, prohibits the insured from making a claim under his automobile insurance policy when he is injured while operating a vehicle (in this case, a motorcycle) which is insured under a different policy. Continue reading

Pennsylvania: A Debtor’s Paradise for the Married

By Stark & Stark on March 24th, 2011

Posted in Business & Corporate

Pennsylvania is part of the small minority of states that provides for a peculiar form of ownership of property between a husband and wife which often frustrates the creditors of one spouse. Known as a “tenancy by the entireties,” this estate in property is founded upon the idea that when spouses marry, they become a single legal entity or person. Therefore, when a husband and wife purchase a house or other real or personal property, each is deemed to acquire a one hundred percent undivided interest in the property which cannot be severed or encumbered by the acts of only one of the spouses. This form of ownership is presumed in Pennsylvania upon conveyance to a husband and wife unless there is an affirmative effort to title the property in another matter. Continue reading

Multiple locations to better serve your needs—

Hamilton, NJ

100 American Metro Boulevard
Hamilton, NJ 08619
Phone: 609.896.9060
Secondary phone: 800.535.3425
Fax: 609.896.0629
county best pa pennsylvania reviews south jersey berks northhampton montgomery bucks lehigh valley gloucester burlington mercer

Philadelphia, PA

One Liberty Place, 1650 Market St., Suite 3600
Philadelphia, PA 19103
Phone: 267.907.9600
Secondary phone: 800.535.3425
Fax: 215.564.6245
county best pa pennsylvania reviews south jersey berks northhampton montgomery bucks lehigh valley gloucester burlington mercer

Marlton, NJ

40 Lake Center, 401 NJ-73, Suite 130
Marlton, NJ 08053
Phone: 856.874.4443
Secondary phone: 888.241.7424
Fax: 856.874.0133
county best pa pennsylvania reviews south jersey berks northhampton montgomery bucks lehigh valley gloucester burlington mercer

Yardley, PA

777 Township Line Road, Suite 120
Yardley, PA 19067
Phone: 267.907.9600
Fax: 267.907.9659
county best pa pennsylvania reviews south jersey berks northhampton montgomery bucks lehigh valley gloucester burlington mercer

New York, NY

5 Pennsylvania Plaza 23rd Floor
New York, NY 10001
Phone: 800.535.3425
county best pa pennsylvania reviews south jersey berks northhampton montgomery bucks lehigh valley gloucester burlington mercer

Bridgeton, NJ

78 W Broad St
Bridgeton, NJ 08302
Phone: 856.874.4443
county best pa pennsylvania reviews south jersey berks northhampton montgomery bucks lehigh valley gloucester burlington mercer