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...
The New Jersey State Bar Association is recommending a change to New Jersey Rule of Professional Conduct 8.4(g) that deems it professional misconduct for a lawyer to commit acts of discrimination while engaged in the capacity of practicing law. The proposed amendment would adopt the current ABA Model Rule of Professional Conduct 8.4(g) which als...
As technology changes the law must adapt. The New Jersey Supreme Court now recognizes that email and fax are each acceptable means of terminating a residential real estate contract within the 3-day attorney review period. Conley v. Guerrero (A-65-16)(April 6, 2017). In Conley the New Jersey Supreme Court had to revisit its earlier precedent establ...
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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