New Jersey Court Clarifies Requirements for Debt Purchasers Suing on Credit Card Debts
In an unpublished decision, a New Jersey appeals court clarified the legal requirements that credit card debt purchasers must meet in order to pursue collection from consumer account holders. Main Street Acquisition Corp. v. Nemeth (App. Div., April 1, 2014).
Specifically, the appellate court declared:
A plaintiff suing on an assigned, char...
When Must a Judge be Disqualified in New Jersey Litigation?
The factors requiring disqualification of judges, on the court's own motion, are set forth in New Jersey Court Rule 1:12-1 which states as follows:
The judge of any court shall be disqualified on the court's own motion and shall not sit in any matter, if the judge
(a) is by blood or marriage the second cousin of or is more closely related to a...
Do Partnership Agreements Have to be in Writing?
While it is always preferred to have a written agreement defining the type of partnership, the purpose of the partnership, the duties and obligations of the partners, distribution of partnership profits and other key terms, under New Jersey law the short answer is no. An agreement to create a partnership may be oral, written or implied by the c...
Disqualifying a Party’s Attorney Under the Attorney Witness Rule
In this post I examine the attorney witness rule incorporated in New Jersey Rule of Professional Conduct ("RPC") 3.7, and how the Rule can be used to disqualify a lawyer representing a party in litigation when the lawyer possesses factual knowledge of contested issues that go to the heart of the case. Because courts generally are reluctant to dis...