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....
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...
Do internships at profit-making industries need to be paid?
Do internships at profit-making industries need to be paid? That question is currently being considered by the United States Court of Appeals for the Second Circuit. The matter is on appeal from the decision of the Federal District Court for the Southern District of...
Can You Be Sued For Your Social Media Posts?
What would you change about your Facebook™, Twitter™, Instagram™ or other social media sites if you knew you could be sued for using them? A case that could forever change the way we think about social media is currently before the Los Angeles Superior Court. It all...
Is a Forum Selection Clause in a Franchise Agreement Enforceable?
Most franchise agreements contain forum selection clauses – language that requires, among other things, disputes to be determined in a particular state or county. But are they enforceable? The Supreme Court of the United States recently determined that not only are...
Does Property Located Outside of the United States Count Toward a Surviving Spouse’s Elective Share Under the NJ Statute 3B:8–1?
In In re Estate of Pakdee B. Peck, a deceased spouse (“Decedent”) had signed two wills: one in New Jersey (“NJ Will”) and one in Thailand (“Thailand Will”). The NJ Will stated that it was Decedent’s “[e]xpress wish and desire that [Decedent’s] husband, Robert M. Peck...
If a Person Donates for a Specific Purpose to a Charity, May the Charity Use the Money for a Different Purpose?
If a person donates a “conditional gift” (a gift that can only be used for the stated purpose) to a charity, may the charity ignore that restriction and use it for another purpose? The Court in Adler v. Save, was confronted with that very issue. In that case, Bernard...
What is Business Goodwill?
The United States Court of Appeals for the Second Circuit held that a seller of the “good will” of a business is not barred from answering the factual inquiries made by the former client as long as the seller’s responses are within the scope of the information sought...
Do Revenge Websites Violate 18 U.S.C. 2257?
18 U.S.C. 2257 generally serves as an insurmountable impediment to posting a person’s sexually explicit photographs on a revenge porn site. These sites consist of video and still pictures that are posted without the consent of the person being photographed. Normally,...
Should Intentional Infliction of Emotional Distress Cases Be Treated Differently Depending on Whether or Not They Take Place at Work?
Should a claim of intention infliction of emotional distress be treated differently if it occurs in the workplace as opposed to a non-employment situation? This question was answered in Ingraham v. Ortho-McNeill, 422 NJ. Super. 12 (App. Div. 2011) Plaintiff Cecelia...
If a Home Improvement Contract Violates the Requirements of the Consumer Fraud Act May the Contractor Recover for the Value of the Services Rendered?
The Consumer Fraud Act (“CFA”) aims to protect New Jersey consumers from unfair and unethical trade practices. In part, the CFA attempts to do this by requiring businesses to disclose certain information in writing when dealing with consumers. The CFA’s goal is to...
New York Franchised Motor Vehicle Dealer Act: When Does a Franchisor Have to Provide a 180-Day Notice of Termination of Dealership Agreement?
Compass Motors, Inc. (“Plaintiff”) was a franchised motor vehicle dealer for Volkswagen Group of America, Inc., (“Defendant”). As a part of the dealership agreement, Plaintiff agreed to renovate its facilities pursuant to a Facility Renovation Agreement (the...
May Courts Unilaterally Modify the Terms of an Oral Settlement Agreement to Which the Parties Agreed on the Record?
In Highland Capital Corp., v. Donna P. Denier M.D., P.C. et al., No. A-4832-10T4 (N.J. Super. App. Div. 2013), Donna Denier, M.D. (“Defendant”) entered into a lease with Digirad Corporation (“Lease”) for a piece of equipment named “Cardius 1”. Id. at 2. Highland...
Is a Loan Discharged When the Lender Releases the Liens on Collateral Prior to the Payoff Checks Clearing?
In JPMorgan Chase Bank, N.A., v. Jeffco Cinnaminson Corporation, et. al., No. A-2601-10T3(N.J. Super. Ct. App. Div. March 27, 2012), JP Morgan Chase Bank, N.A. (“Plaintiff”) sued Jeffco Cinnaminson Corporation (“Jeffco”) and Paul T. Andrews (“Andrews”)...
Are New York Property Owners Entitled to Common Law Indemnification for a Third Party’s Injury by a General Contractor if That General Contractor Did Not Control or Supervise the Worksite?
In McCarthy v. Turner Construction, Inc., 17 N.Y. 3d. 369 (2011), Boston Properties, Inc. and Time Square Tower Associates, LLC (collectively “Property Owners”) leased a retail storefront to Ann Taylor, Inc. (“Ann Taylor”). Subsequently, by agreement...
May a Website That Provides a Link to an Article be Liable for Defamation Based on the Article’s Content?
Can you hyperlink yourself into a lawsuit? Do you need to fact check every article you reference in an Internet posting? In In re Philadelphia Newspapers v. Vahan H. Gureghian. 11-3257, 2012 WL 3038578 (3d Cir. July 26, 2012), the Philadelphia Inquirer (“Defendant”)...
Does the Omission of Drink Prices on a NJ Restaurant’s Menu Violate the NJ Truth in Consumer Contract Warranty and Notice Act?
Does a restaurant menu constitute a notice or sign pursuant to New Jersey’s Truth in Consumer Contract Warranty and Notice Act (“Act”)? If so, would the omission of prices from a menu violate the Act? In Watkins v. DineEquity Inc., 11-7182 (D.N.J. August 28, 2012),...