New Jersey employers must be mindful of the Appellate Division's recent decision negating an arbitration agreement that failed to identify the arbitration forum or the method by which arbitration would be conducted. Flanzman v. Jenny Craig, Inc., et al., Docket No. A-2580-17T1 (App. Div. October 17, 2018). In this particular case, an 82-year ol...
In a published decision issued on October 4, 2018, the New Jersey Appellate Division issued a controversial ruling that allows a homeowner to pursue a claim against Bank of America under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA) due to the defendants' failure to identify the lender's name and address in several pre...
In the context of a medical malpractice suit, the NJ Supreme Court recently held that it is not permissible to answer a specific written interrogatory question in pretrial discovery by burying the information in a document dump without citing to the specific documents that are responsive to the question. Brugaletta v. Garcia, _ N.J. _ (July 25, 2...
In this post we examine New Jersey law governing a commercial tenant's rights in the context of a foreclosure suit filed by the landlord's mortgage lender. If you are a commercial tenant whose landlord is being sued in foreclosure, or a lender contemplating whether to name a tenant in a foreclosure suit then this post is a must read. A lease betwe...
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