by Gary Nissenbaum | May 22, 2014 | Business Lawsuit Blog
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...
by Gary Nissenbaum | Jan 28, 2014 | Business Lawsuit Blog
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....
by Gary Nissenbaum | Dec 20, 2013 | Business Lawsuit Blog
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...
by Gary Nissenbaum | Dec 20, 2013 | Business Lawsuit Blog
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...
by Gary Nissenbaum | Jun 5, 2013 | Business Lawsuit Blog
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...
by Gary Nissenbaum | May 14, 2013 | Business Lawsuit Blog
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...
