On Tuesday, October 5, 2021, New Jersey Governor Phil Murphy signed legislation that addressed a blind spot in the New Jersey Law Against Discrimination that actually enabled private employers to discriminate against employees on the basis of their age. The New Jersey Law Against Discrimination (“NJLAD”), codified at N.J.S.A. 10:5-1, et seq., which in relevant part provides that “all persons
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Injunctive Relief to Prevent Monetary Damages in Estate Litigation
In general, a party is only entitled to injunctive relief if they can demonstrate that the damages for which they seek redress are not compensable by an award of monetary damages. However, in a recent US District Court case, the US District Court decided that injunctive relief was called for to preserve monetary assets pending the resolution of a matter.
Counsel Fees Under the Prompt Payment Act
If you are a general contractor or subcontractor, you should know the New Jersey Prompt Payment Act. In general, the purpose of this Act is to encourage prompt payment to contractors for the materials and services they provide on a project by imposing potential sanctions, including counsel fees, should payments which are currently due not be timely and properly tendered.
Supreme Court of NJ Sets New Precedent on Sexual Consent and Intoxication
This week, The Supreme Court of New Jersey delivered a monumental win for victims of sexual assault.
The Court’s unanimous decision in C.R. v M.T. set a new precedent for courts in deciding whether an alleged victim of sexual assault was too intoxicated to give consent—more specifically, the ruling clarifies the required burdens of proof in cases where the alleged
The Holidays Are Coming – What Divorced and Separated Parents Should Consider When Preparing for Travel During Pandemic
Back to school is here and even though the pandemic is still with us, many parents are thinking about travelling during the Thanksgiving and Winter Break periods. When the parents of children are not together, travel brings on some additional considerations. What should a parent consider when making plans to go out of state, or out of the country?
Counsel Fees in Probate Litigation, Even if Unsuccessful
In previous blogs, I have discussed an award of counsel fees to a plaintiff who successfully contested a last will and testament. In a recent appellant division decision, the appellate court reviewed an award of counsel fees to a plaintiff who challenged a last will and testament, however, whose challenge was not successful.
Five Steps to Successful Trustee Elections
Step One – Start Early. The time to start working on your next election is the day after your last election.
- Make notes for next year. What worked well? What could be done better?
- Clearly note the new (and existing) trustee terms in the minutes. Too often trustee terms get confusing, especially when there are appointments to vacant positions.
- Save
Lien Waivers and Their Effect on Receiving Payment
In a recent appellate division decision, the appellate court discussed the effect lien waivers might have on a subcontractor’s right to receive payment in full for the work it performed. In this matter, the plaintiff subcontractors had performed all of their obligations under the contract, however, they had also signed partial lien waivers for the defendant general contractor. The general
What “Divorce Documents” Do I Need Before Filing for Divorce?
Back to school season is a time when many people think about divorce. Whether you are simply looking for information or are ready to take the next steps in your life, chances are you are considering an initial meeting with a divorce lawyer to get information about your current situation. Many people want to know what type of information they
Condo Association Boards: Plan for the Future by Staying Ahead of Maintenance and Repairs
If you serve on the board of a condo association, you’ve likely seen instances of kicking the can down the road and deferring needed maintenance and repairs. Allocating and reserving funds for repairs can be a difficult, complicated process, and coming to a decision about these issues can easily lead to tensions between board members and neighbors.
Even so, it’s