Practitioners are constantly searching for ways to gain an advantage over their adversary. In estate litigation involving undue influence claims, one tactic rarely employed is filing a pre-trial motion for partial summary judgment shifting the burden of proof to the proponent of the disputed Will or gift to prove that the bequest or transfer ...
Can a parent ever revoke gift of corporate stock given to a child? The short answer is maybe. A gift of stock from parent to child is presumed to be a gift under New Jersey law. For the parent to revoke the presumption of a gift requires the parent to meet New Jersey's highest civil burden of proof under the 'clear and convincing' evidence stand...
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...
In an unpublished decision issued on March 11, 2015, the New Jersey Appellate Division applied the "net opinion" rule in barring an expert's report issued in the context of a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...
Awards: Best Law Firms Metro Region New Jersey • New Jersey Super Lawyers • Best Lawyers in America • 201 Bergen Magazine • Avvo Top 10 Lawyer
© 1997 – 2026 Shapiro, Croland, Reiser, Apfel, & Di Iorio, LLP. All rights reserved. All rights reserved. Advertising Disclaimer: This web site constitutes an ADVERTISEMENT. Before making your choice of attorney, you should give this matter careful thought. The selection of an attorney is an important decision. If you believe this web site is inaccurate or misleading, you may report same to the Committee on Attorney Advertising, Hughes Justice Complex, CN 037, Trenton, N.J. 08625. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.