New Jersey Appellate Division Draws a Line: A Will Cannot Force Heirs Into Arbitration Can a person use a will to force family members and beneficiaries to arbitrate estate disputes instead of going to court? In In re Estate of Samuel P. Hekemian, the New Jersey Appellate Division answered that question directly in a decision published on April 2...
Bad Faith Chapter 13 Bankruptcy NJ Much to your surprise, someone you loaned a substantial amount of money to just filed for Chapter 13 bankruptcy protection and didn't even give you the courtesy of a phone call in advance. You receive a notice in the mail from the bankruptcy court informing you of the filing. Your only proof of the debt is a sign...
A statute of limitations has a real purpose. It protects defendants from stale claims, faded memories, missing documents, and lawsuits filed after a dispute reasonably appeared to be over. But it should not be used as a litigation ambush. Consider a common multi-state litigation problem. A plaintiff timely files suit in New York. The defendants a...
In civil litigation, a ruling on liability is often treated as the end of the case. It is not. Even when liability has already been determined, the plaintiff still must prove damages. That is the point of a proof hearing in cases where a plaintiff seeks a default judgment or in a jury trial on damages where liability already has been established. ...
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