Entire Controversy Doctrine: Loophole Allows For Second Bite Of The Apple

Posted by March 13, 2015 , , , ,

Consider this hypothetical: Plaintiff accounting firm (“Accounting Firm”) files a collection suit (“Action 1”) against defendant limited liability company (“LLC”) for nonpayment of invoices.  In LLC’s answer to the Accounting Firm’s Complaint, LLC raises professional negligence as an “affirmative defense.”  LLC fails to retain ... Read More.

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New Jersey Appeals Court Applies Net Opinion Rule to Bar Legal Malpractice Expert’s Report

Posted by March 11, 2015 ,

In an unpublished decision issued on March 11, 2015, the New Jersey Appellate Division applied the "net opinion" rule in barring an expert's report issued in the context of a legal malpractice case arising out of a failed real estate transaction. Giordano v. Bogart, Keane, Ryan & Hamill, L.L.C., Docket No. A-1631-13T1 (App. Div., March 11, 2015 ... Read More.

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Pitfalls of Terminating New Jersey Minority Shareholder’s Employment

Posted by March 5, 2015 ,

TERMINATING YOUR MINORITY PARTNER’S EMPLOYMENT IN A CLOSELY HELD NEW JERSEY CORPORATION COULD TRIGGER MINORITY OPPRESSION Do you have a minority partner in a small business that is driving you crazy to the point where you can't even walk into your office without getting a knot in your stomach?  If you think the simple solution is to just termin ... Read More.

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