NJ Limited Partner Liability: Can a Limited Partner be Held Liable for a Limited Partnership’s Debts? In limited circumstances the answer is “yes”. Under New Jersey’s Uniform Partnership Law a limited partner is protected from liability from the limited partnership’s obligations except in two instances: (1) Where the limited partner i...
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...
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...
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...
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