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NJ Supreme Court Upholds Creditor’s Security Interest in Attorney’s Fees

Posted by November 16, 2017 , , ,

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 ... Read More.

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New Jersey Appellate Division Rejects Constitutional Challenges To Department Of Health’s Decision Not To Expand Number of Medical Marijuana Alternative Treatment Centers

Posted by November 5, 2017 ,

In 2016, the New Jersey Department of Health (“DOH”) issued its bi-annual report on the state of the New Jersey Compassionate Use Medical Marijuana Act (the “Act”).  In its report, the DOH recommended that the State of New Jersey not expand the number of medical marijuana Alternative Treatment Centers (“ATCs”) permitted to serve patien ... Read More.

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Expert Testimony Not Necessarily Limited to Scope of Report

Posted by September 26, 2017 ,

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 ... Read More.

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Avoiding Statute of Limitations Bar in New Jersey – The Doctrine of Equitable Tolling

Posted by July 23, 2017

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 ... Read More.

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