Tenant’s Rights Under New Jersey Foreclosure Fairness Act
A law enacted in 2010 called the New Jersey Foreclosure Fairness Act (“NJFFA”), found in N.J.S.A. 2A:50-69 to -71, offers valuable protections to residential tenants living in foreclosed properties. Specifically, new owners of a property acquired through foreclosure are required to serve residential tenants with a detailed written notice inform...
Medical Experts Beware: If You Consult With A Law Firm And Then Agree To Be Retained By Their Adversary You May Be Disqualified From The Case
Assume the following scenario. An attorney representing a party in a lawsuit challenging the probate of a contested will consults with a medical expert, describing the facts of the case, sharing his mental impressions and discussing trial strategies. The client decides not to hire the expert. The same doctor then consults with the attorney ...
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Third Circuit Appeals Court Affirms Fine Print Comparative False Advertising Claim
In a precedent setting case that has significant implications for the use of fine print in advertising, Group SEB USA, Inc. v. Euro-Pro Operating, LLC, Case No. 14-2767 (3d Cir. December 17, 2014), the U.S. Third Circuit Court of Appeals held that small print statements explicitly defining the terms of a more prominent superior performance claim (...
Enforcement and Priority of IRS Liens Against Debtor’s Property
This post discusses the creation and priority of federal tax liens recorded against real estate in New Jersey that has been sold to a good faith purchaser disclaiming any knowledge of the lien’s existence.
A Federal tax lien is not a piece of paper. It is a legal claim to a taxpayer’s property. It arises by operation of law when Federal tax is...