by Gary Nissenbaum | Jul 25, 2012 | Business Formation & Sales Law Blog
In December 2011, Texas Attorney General Greg Abbott (“Abbott”) sued the Texas Highway Patrol Association (“THPA”), the Texas Highway Patrol Museum, THPA Services, Inc. and several senior THPA officials (collectively “THPA and Affiliates,” separately...
by Gary Nissenbaum | Jul 25, 2012 | Business Formation & Sales Law Blog
In Fabrau, L.L.C. v. Prashant Shah, et. al., No. A-4464-10T3 (N.J. Super. Ct. App. Div. July 11, 2012), the Appellate Division of the Superior Court of New Jersey was presented with the following question: Should parties be bound by an executed operating agreement...
by Gary Nissenbaum | Jul 25, 2012 | Internet Law Blog
In W.J.A. v. D.A., No. A-77-10 (May 16, 2012), the New Jersey Supreme Court addressed the question of whether the doctrine of presumed damages applies over the Internet.That case surrounds Wayne Anderson (“Wayne”), a New Jersey man who was cleared of sexual abuse...
by Gary Nissenbaum | Jul 25, 2012 | Business Formation & Sales Law Blog
When is a franchise agreement unconscionable and, therefore, unenforceable as a matter of law? Legal precedent from the United States Court of Appeals for the Seventh Circuit is illustrative on this point. We Care Hair Development, Inc. v. Engen, et. al., 180 F.3d 838...
by Gary Nissenbaum | Jul 25, 2012 | Construction & Commercial Real Estate Law Blog
In Frontier Ins. Co. v. Nat’l Signal Corp. et. al., Civ. Action No. 98-4265 (E.D. Penn. November 9, 1998), the Federal District Court for the Eastern District of Pennsylvania addressed the circumstances under which a party who is not domiciled in the forum...
by Gary Nissenbaum | Jul 25, 2012 | Construction & Commercial Real Estate Law Blog
In Emigrant Mtge. Co., Inc. v. Greenberg, NY Slip Op 50387(U) (D. Nassau County, 1st District March 8, 2012), the court considered a very important issue for co-op owners: whether the co-op owner could be evicted if he no longer owned his shares in the co-op...