What is a Deposition?
Posted in Litigating Claims
Depositions are a critically important part of the plaintiff’s strategy. They enable the plaintiff to bring out facts that trigger insurance coverage. Continue reading
Recent Blog Posts
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
What is Legal Fraud?
Posted in Litigation
The law has a specific definition what constitutes actionable legal fraud. In order to assert a legal fraud claim the moving party must establish five elements by clear and convincing evidence. 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
What Is The Parol Evidence Rule?
Posted in Litigation
The Parol Evidence Rule is a substantive rule which states that whenever contractual intent is sought to be ascertained from among several expressions of agreement by the parties, an earlier tentative agreement will be rejected in favor of a later expression that is final. 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
Arbitrator’s Right to Issue a Subpoena to a Non-Party, Out-of-State Witness
Posted in Litigation
Under the rules of Section 7 of the Federal Arbitration Act (“FAA”), it is necessary to apply a two-step analysis in order to determine the geographic limitation of the enforcement of an arbitration subpoena. First, it is necessary to identify the proper district court in which to file a petition to enforce the arbitrator’s subpoena Continue reading
