Arbitration Employment Disputes NJ Employee Handbook
Can a New Jersey employer enforce an arbitration provision appearing in an employee handbook? Not if the handbook disclaims that its provisions create a contract between the employer and employee, the New Jersey Appellate Division recently ruled in a published decision. Morgan v. Raymours Furniture Company, Inc., et al.,___ N.J. Super.___ (App. Div...
Federal Appeals Court Tells Super Bowl Ticket Purchasers to Take a Hike
Perfect timing. Just a few weeks before Super Bowl 50, a federal appeals court has rejected a class action lawsuit filed by two disgruntled football fans against the National Football League (NFL) for allegedly violating the New Jersey Consumer Fraud Act and New Jersey Ticket Law regarding the sale of Super Bowl tickets. Finkelman v. National Foo...
Lender is Simultaneously Foreclosing During Loan Modification Negotiations – is That Kosher?
ATTENTION HOMEOWNERS IN FORECLOSURE. Just because a mortgage lender is negotiating a loan modification doesn't mean the lender has to suspend its rights when the borrower is in default.
This is a rather common scenario in our difficult economic times. The bank sends its borrower a letter offering a loan modification. The borrower accepts the ban...
4-Year Statute of Limitations | Breach of Contract Claims NJ UCC
In New Jersey, the easiest way to get tripped up in filing a breach of contract lawsuit is to misconstrue the applicable statute of limitations. As a general rule, lawsuits for breach of contract in New Jersey must be filed within six (6) years of the date the cause of action accrues. See N.J.S.A. 2A:14-1. However, clients and practitioners...