Orders Compelling or Denying Contractual Arbitration Provisions Are Directly Appealable
In a published decision issued on February 16, 2018, the Superior Court of New Jersey Appellate Division clarified that a trial court's decision to compel or deny enforcement of a contractual arbitration provision constitutes a "final order" that triggers the 45-day appeal period provided under R. 2:4-4. Hayes v. Turnersville Chrysler Jeep, Docke...
NJ Supreme Court Upholds Creditor’s Security Interest in Attorney’s Fees
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...
Expert Testimony Not Necessarily Limited to Scope of Report
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...
Avoiding Statute of Limitations Bar in New Jersey – The Doctrine of Equitable Tolling
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...