Blog Posts


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


In an unpublished decision issued on March 11, 2015, the New Jersey Appellate Division applied the "net opinion" rule in barring an expert's report issued in the context of a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...

Posted by , March 11, 2015 • Experts, Litigation

Pitfalls of Terminating New Jersey Minority Shareholder’s Employment


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...

Posted by , March 5, 2015 • Corporate, Litigation

Medical Experts Beware: If You Consult With A Law Firm And Then Agree To Be Retained By Their Adversary You May Be Disqualified From The Case


Assume the following scenario.  An attorney representing a party in a lawsuit challenging the probate of a contested will consults with a medical expert, describing the facts of the case, sharing his mental impressions and discussing trial strategies.  The client decides not to hire the expert.   The same doctor then consults with the attorney ...

Posted by , February 2, 2015 • Experts, Litigation, Probate Litigation

Third Circuit Appeals Court Affirms Fine Print Comparative False Advertising Claim


In a precedent setting case that has significant implications for the use of fine print in advertising, Group SEB USA, Inc. v. Euro-Pro Operating, LLC, Case No. 14-2767 (3d Cir. December 17, 2014), the U.S. Third Circuit Court of Appeals held that small print statements explicitly defining the terms of a more prominent superior performance claim (...

Posted by , January 30, 2015 • Advertising, Litigation

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