Improving Privacy Protections on the Internet
Congress is currently poised to create a number of restrictions on the ability of the government to search email and other digital content. While it is unclear what form such legislation would take, there is a bipartisan consensus that something needs to be done for...
What is a Quit Claim Deed and How is it Used?
How do you sell something you don’t know if you own? That may sound like a nonsensical question, but there are many situations in which it comes up under the law. The typical example is with respect to real estate. Many times the real estate records do not tell the...
If the Seller of a Business Does Not Comply with Legal Requirements for the Sale, May They Use That Fact to Void the Sale Altogether?
May a Seller seek to void a contract for sale of his business by taking the position that the sale contract was violated and therefore unenforceable, when the seller itself is the one that did not comply? That issue was raised in Meadowbrook Industries, LLC v. Walker...
May a “Floating Forum Selection Clause” be Enforced by a New Jersey Court?
May a New Jersey Court enforce a floating forum selection clause in which someone from another jurisdiction is required to appear in New Jersey? The issue was recently dealt with in Professional Solutions Financial Services v. Cregar et al. Superior Court of New...
What are the Requirements for a Business to Recover Damages Under the Theory of Quasi-Contract?
May an architect who draws up plans at the request of someone considering a land purchase recover the reasonable value of the services, if there is no written contract. That was the issue before the Court in Israel Design Group v. Chabad of the Shore, Superior Court...
What Should the Damages be in a Case Involving 18 U.S.C.§ 2259 (Possession of Child Pornography)?
How much restitution should be imposed for the possession of child pornography? The federal mandatory restitution statute, 18 U.S.C.§ 2259, appears to have the answer. It states that a defendant shall pay a victim of child pornography the full amount of the victim’s...
May A Producer Of Adult Content Sue Users Who Jointly Download Using BitTorrent?
There have been a number of cases in which federal courts have been addressing the issue of peer to peer downloads of adult content. Most of the cases allege copyright infringement on a joint basis, i.e., that all the defendants who downloaded the content should be...
Texas Cooperative vs. Non-Profit: Does Non-Profit Statute Govern a Cooperative’s Conduct?
A recent Texas class action raised a novel issue of law. In that case, the Court was asked to determine whether Denton County Electric Cooperative, Inc. (“CoServ”) would be subject to the Texas Non-Profit Statute. The reason this came up was because the Non-Profit...
Can a Subcontractor Collect Money it is Owed Without Providing Evidence of Why it is Owed that Sum?
When asserting damages under the New Jersey Prompt Pay Act, what evidence should be submitted to the Court? That issue was discussed in United States v. APS Contracting, Inc., CIV. 11-779-KMW, 2013 WL 530576 (D.N.J. Feb. 11, 2013). In that case, Plaintiff, Cardinal...
Can a Tenant Pay Rent in Advance and Then Stop Payment on the Check if He Decides to Terminate the Lease?
If a lease provides for a rent due date and the rent is paid in advance, is it reimbursable if the lease is thereafter terminated? That issue was considered by the New York State Court of Appeals in Eujoy Realty Corp. v. Van Wagner Communications, LLC 2013 WL 6164508...
How Can a Business Owner Use a Prenuptial Agreement to Protect Their Business from a Divorce?
On June 28, 2013, Governor Chris Christie signed a law (Bill S-2151) which requires judges in New Jersey to evaluate prenuptial agreements as of the date of their signing and not as of the date of their enforcement. This was a major change in the law. It is of...
What Is a Kinship Legal Guardian and Does Such a Person Have Superior Rights to the Birth Parent?
What does society offer for children whose birth parents are incapable of caring for them? Is foster care, with all of its drawbacks, the only remedy? The answer is that states such as N.J. have enacted laws to provide for the appointment of a kinship legal guardian....
How Can a For-Profit Corporation Adopt Some of the Social Conscience of a Non-Profit?
What do for-profit businesses need to do if they are seeking to perform the socially conscious work of a non-profit, as well? In light of the fact that some for-profit companies are looking for ways to do charitable work while avoiding the limitations imposed by the...
May a Court Impose a Requirement that a Webpage about a Case be Posted in Order to Publicize a Settlement that is in the Public Interest?
Is it appropriate for a federal court to condition a settlement of an advertising fraud case upon the posting of a webpage publicizing the settlement? That issue was considered by the Court in FTC v. Circa, CIV. 11-2172 RMB/AMD, 2012 WL 3987610 (D.N.J. Sept. 11,...
Is a Contract Provision That Limits the Scope of Damages in a Franchise Distribution Agreement Enforceable?
Will a provision of a distribution agreement between a franchisor and franchisee that prevents a party from recovering “lost profits” be enforceable? That issue was considered in Strassle v. Bimbo Foods Bakeries Distribution, Inc., United States District Court for the...
Will the Economic Loss Doctrine Bar a NJ Negligence Claim if That Would Result in the Plaintiff Having No Remedy at All?
Will the economic loss doctrine bar a claim for negligence if by doing so, the plaintiff will be left without a remedy? That issue was addressed in Spectraserv, Inc. v. The Middlesex County Utilities Authority et als., Superior Court of New Jersey, Law Division,...
What is Spot Zoning?
What is spot zoning? That was one of the questions before the Appellate Division of the Superior Court of New Jersey in Hal Holding, LLC v. Mount Laurel Township, Superior Court of N.J., Appellate Division, A-1340-10T2 (May 4, 2012.) In that case, the parties were...
Does New Jersey Anti-Discrimination Law Protect People Who Voice Complaints About Behavior They Cannot Prove Is Discriminatory?
If an employee “voices a complaint about behavior or activities in the workplace that he or she thinks are discriminatory,” but it turns out they are not, is the employee still protected under the N.J. Law Against Discrimination? That issue was addressed by the Court...