New Jersey Attorney Law Review Blog

Should New Jersey Enact a Court Rule Punishing Litigants for Filing Frivolous Appeals?

Can an Equal 50% Shareholder in a Closely Held New Jersey Corporation be Oppressed?

File Your Federal Income Tax Returns, or no Chapter 7 Bankruptcy for You!

When Debtor’s Money is no Longer Debtor’s Money: Sometimes not even Bankruptcy Helps

Pre-Bankruptcy Judgments do not Attach to Property Acquired Post-Bankruptcy Discharge

ARE STATEMENTS MADE BY AN ATTORNEY IN A LEGAL BRIEF BINDING ON THE CLIENT? In this post we review federal law among the circuit courts of appeal on the issue of whether the doctrine of judicial admissions applies to written statements contained in briefs and legal memoranda. 

An Overview of the Daubert Standard Governing Admissibility of Expert Opinions in Federal Court

NJ Foreclosure Law: Joinder of Non-Owner Spouse in Residential Foreclosure Cases

  Striking a blow to news media, and representing a victory for privacy advocates, in a landmark ruling the New Jersey Appellate Division denied the Bergen Record Newspaper’s Open Public Records Act (“ OPRA “) request directed to the Bergen County Prosecutor demanding access to records concerning a person who had not been  arrested or charged with a crime. North Jersey Media Group, Inc. v. Bergen County Prosecutor’s Office , Superior Court of New Jersey, Appellate Division, Docket No. A-2393-13T3.    Click here to read the full article.

Res Judicata Applied in Federal Court – Been There And Done That

--> Revisiting the standards to dismiss a federal court complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) within the Third Circuit

NJ Ethics Case Against Facebook ‘Friending’ Lawyers Can Proceed -->

  This article discusses the totality of circumstances approach applied by the United States Bankruptcy Court for the District of New Jersey in evaluating whether to dismiss or convert a Chapter 13 reorganization bankruptcy case filed in bad faith. The "best interests of the creditors and estate" is the principal guiding factor, such that the bankruptcy court must consider the effect of its ruling on all creditors. http://www.njlawconnect.com/chapter-13-bankruptcy-bad-faith/

  Arbitration Employment Disputes NJ Employee Handbook In a recent decision, the New Jersey Appellate Division rejected an employer's attempt to compel arbitration of discrimination based claims by relying on a company handbook that contained a written disclaimer as to creating a contract with its employees. 

Federal Appeals Court Tells Super Bowl Ticket Purchasers to Take a Hike

  You've hit the jackpot by inheriting an IRA from a parent, sibling, aunt, or uncle.  Until then you've been swallowed up with substantial debts. If you file for bankruptcy protection is the inherited IRA protected from your bankruptcy trustee and creditors? Find out what one New Jersey bankruptcy judge ruled by reading our new blog post .

  Did you know that New Jersey has a 4-year statute of limitations for breach of sales contracts?  Check out my new blog post that cautions clients and practitioners not to become confused with New Jersey's 6-year statute of limitations that applies to general breach of contract claims that do not involve the sale of goods under the Uniform Commercial Code. Absent equitable circumstances that would give rise to an equitable tolling of the statute of limitations, failing to file a breach of contract claim prior to the expiration of the applicable statute of limitations is fatal. http://www.njlawconnect.com/litigation/statute-limitations-breach-sales-contracts-ucc/

  In a published decision issued on January 12, 2016, the New Jersey Appellate Division confirmed that the same 4-year statute of limitations period for asserting fraudulent asset transfer claims applies in commercial transactions and tort claims regardless whether or not the creditor has obtained a judgment. Rosario, et al. vs. Marco Construction and Management, Inc., et al. , Superior Court of New Jersey, Appellate Division, Docket No. A-1562-14T3 (July 12, 2016).  New Jersey Uniform Fraudulent Transfer Act The New Jersey Uniform Fraudulent Transfer Act ("UFTA") provides creditors the opportunity to recover property that judgment debtors have attempted to put beyond their reach. Specifically, the UFTA prohibits any transfer intended "to hinder, delay, or defraud any creditor of the debtor." N.J.S.A. 25:2-25(a). The UFTA contains a 4-year statute of limitations period to file suit "after the transfer was made or the obligation was incurred, or...