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...
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...