by Gary Nissenbaum | Jun 21, 2012 | Business Lawsuit Blog
May an individual whose rights have been affected by a municipal ordinance seek a declaratory judgment? The Supreme Court of New Jersey has construed the Declaratory Judgments Act in a way that allows such individuals to seek declaratory action. Bell v. Stafford Tp.,...
by Gary Nissenbaum | Jun 21, 2012 | Business Lawsuit Blog
The Telephone Consumer Protection Act (“TCPA”) governs the conduct of telemarketing services and other companies that use telephone solicitation during the course of their business. A number of lawsuits have raised the question of whether debt collectors should be...
by Gary Nissenbaum | Jun 21, 2012 | Business Lawsuit Blog
If a person slips in the icy parking lot of a strip mall, may the landlord be indemnified by one of the tenants’ insurance policies? In a recent decision, the Appellate Division of the Superior Court of New Jersey attempted to clarify that question. Cambria v. Two JFK...
by Gary Nissenbaum | Jun 11, 2012 | Business Lawsuit Blog
In order for a court to determine that a defendant is in civil contempt, it must first determine that the defendant actually exists. In a recent decision, the United States District Court for the Southern District of New York considered what evidence would be...
by Gary Nissenbaum | Jun 11, 2012 | Business Lawsuit Blog
Landlords are generally the parties that prepare the lease agreements into which their tenants enter. This unequal bargaining power typically allows landlords to insert language that requires tenants to pay the landlord’s attorney’s fees for any legal claims that...
by Gary Nissenbaum | Jun 11, 2012 | Business Lawsuit Blog
In January 2010, the New York legislature enacted Insurance Law § 3224(a) (“Prompt Pay Law”) to ensure that insurance companies paid their claims in a timely fashion. However, it was not clear whether the statute granted a party a private right of action. In a recent...