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...
by Gary Nissenbaum | Apr 18, 2012 | Business Lawsuit Blog
Under New Jersey’s Condominium Act, housing-related disputes are required to be settled via arbitration or a similar method of alternative dispute resolution (“ADR”). In a recent decision, the Appellate Division of the Superior Court of New Jersey clarified the types...
by Gary Nissenbaum | Feb 13, 2012 | Business Lawsuit Blog
May a landlord charge a tenant a fixed rate each time the landlord has to consult its lawyers for matters related to a lease agreement, even if that fixed rate is higher than the costs the landlord actually incurs?The Appellate Division of the Superior Court of New...
by Gary Nissenbaum | Feb 10, 2012 | Business Lawsuit Blog
The answer is yes. Defendant’s prior non-compliance with federal tax laws can be used to prove the defendant’s intent to commit the crime charged.This was addressed in a case heard in the United States Court of Appeals for the Third Circuit. US v. Daraio, 445 F. 3d...
by Gary Nissenbaum | Feb 10, 2012 | Business Lawsuit Blog
Recently, the Appellate Division of New York, revived a lawsuit over the fiduciary duty owed by members of a limited liability company (“LLC”) to one another in a real estate deal. Fiduciary duty means the duty of trust that one person owes another. In that case,...
by Gary Nissenbaum | Nov 23, 2011 | Business Lawsuit Blog
In a recent case, the Appellate Division of the Superior Court of New Jersey held that an oral settlement agreement reached during a mediation session could be enforced. However, the party seeking to enforce the mediator’s decision would need to waive his right to...
