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NJ Supreme Court Upholds Creditor’s Security Interest in Attorney’s Fees

Posted by November 16, 2017 , , ,

In a November 14, 2017 decision, the New Jersey Supreme Court addressed two important questions arising under Article 9 of the Uniform Commercial Code governing the pledging and perfection of a security interest in an attorney's contingency fee. (1) Is the pledge of an anticipated attorney's fee considered an account receivable that can be sec ... Read More.

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Expert Testimony Not Necessarily Limited to Scope of Report

Posted by September 26, 2017 ,

In New Jersey can an expert witness testify beyond the scope of the subject matter of his report? In limited circumstances the answer is yes so long as the party proffering the expert’s report did not treat the report as an adoptive admission in pretrial discovery.  The controlling case is Skibinski v. Smith, 206 N.J. Super. 349 (App. Div. 198 ... Read More.

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Avoiding Statute of Limitations Bar in New Jersey – The Doctrine of Equitable Tolling

Posted by July 23, 2017

A litigant pursuing his or her rights in a New Jersey federal or state court must act with diligence, as civil claims are subject to specific statute of limitations - a defined time period where a lawsuit must be filed or the claim is considered stale or time barred. In certain instances though, the doctrine of equitable tolling can spare a lit ... Read More.

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Imposing Personal Liability on Business Officers and Owners in New Jersey

Posted by February 9, 2017 , , ,

One of the primary benefits for individuals operating a business under the umbrella of a corporation or limited liability company is avoiding personal liability. As a general matter, “[t]he rule of law that has evolved in New Jersey is that the corporate form as a wholly distinct and separate entity will be upheld.” Coppa v. Taxation Div. Direc ... Read More.

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