Imposing Personal Liability on Business Officers and Owners in New Jersey
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...
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Should New Jersey Enact a Court Rule Punishing Litigants for Filing Frivolous Appeals?
Unlike the Federal Rules of Appellate Procedure that apply in civil actions appealed from the United States District Court of New Jersey, the Court Rules governing actions filed in the Superior Court of New Jersey (state court) do not include a specific rule allowing a prevailing party to recover legal fees incurred in defending a frivolous appea...
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NJ Supreme Court Imposes Constructive Trust Against Ex-Husband’s $2.25 Million Deferred Compensation
Constructive Trust Equitable Distribution NJ
The New Jersey Supreme Court unanimously imposed a constructive trust over the ex-husband's $2.25 million deferred compensation paid by his employer following the sale of the company; the sale and distribution of the deferred compensation occurred within three months of their final judgment of divorce...
County Sheriff’s Commissions for Enforcing Civil Writs of Execution
Despite New Jersey having a uniform policy on the books when it comes to computing the allowance of a county sheriff's fees for carrying out judicial execution sales, see N.J.S.A. 22A:4-8, in practice the results will often vary from County to County. My firm recently recovered payment of a civil judgment for $56,000 immediately following a levy on...