New Jersey Appeals Court Confirms Statute of Limitations In Fraudulent Asset Transfer Claims
In a published decision issued on January 12, 2016, the New Jersey Appellate Division confirmed that the same 4-year statute of limitations period for asserting fraudulent asset transfer claims applies in commercial transactions and tort claims regardless whether or not the creditor has obtained a judgment. Rosario, et al. vs. Marco Construction ...
Roommate Has Standing to Sue Bank of America for Violating Telephone Consumer Protection Act, Says Third Circuit Appeals Court
In a precedential opinion, the United States Court of Appeals for the Third Circuit held that a non-intended recipient of an automated telephone solicitation has legal standing to sue Bank of America for violating the Telephone Consumer Protection Act, 42 U.S.C. § 277. Leyse v. Bank of America, N.A., Case No. 14-4073 (3rd Cir., October 14, 2015).
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New Jersey Employer Can Recoup Salary of Employee Who Breaches Duty of Loyalty, says NJ Supreme Court
In a decision sure to grab the attention of the New Jersey workforce, today the New Jersey Supreme Court unanimously ruled that an employer can recover the salary of an employee who breaches his duty of loyalty to the employer, without the necessity of the employer proving economic loss as a result of the duty breach. Kaye vs. Rosefielde, Docket ...
Federal Court Rejects False Statement Claim Against NJ Debt Collection Law Firm
In a precedential opinion issued on June 30, 2015, the United States Court of Appeals for the Third Circuit affirmed the lower court's dismissal of a putative class action complaint filed by a consumer against a law firm and its client for allegedly violating a provision of the Fair Debt Collection Practices Act ("FDCPA") that prohibits a debt coll...