Litigation

In a prior blog on this firm’s websites, we looked at the general rules for serving a summons and complaint on an individual in New Jersey.  Let’s look at some of the variations in that process. A minor under the age of 14 must be served by delivery to either his parent, his guardian or […]

Faithless Servant Doctrine The New Jersey Supreme Court in its 2015 decision in Kaye v. Rosefielde confirmed that an employer suing a disloyal employee could recover the compensation paid to the employee during the period of disloyalty, even if the disloyal conduct did not actually damage the employer. The court found that “disgorgement” is an equitable remedy

New Jersey has one of the most stringent residential tenant security laws in the nation.  First, the landlord can charge no more than 1 ½ times the monthly rental amount as a security deposit.  Next, s/he must deposit the money in an interest bearing account for the benefit of the tenant, and notify the tenant

Let’s clear up some common misunderstandings about what it takes to have a claim for common law fraud in the civil courts of New Jersey. First, there must be a material misrepresentation of a presently existing or past fact.  That means that someone lied to you about something significant. Secondly, it must be proven that

In a recent unreported Appellate Division decision, the New Jersey Consumer Fraud Act (CFA) as applied to home contractor disputes was clarified. The contractor had sued the homeowners for $5000 owed on a home improvement contract and obtained a judgment against them. The Appellate Division reversed and dismissed the contractor’s breach of contract claim. The

In New Jersey, the primary way to serve the summons and complaint in a civil action on a competent individual is by personal delivery of the papers to the individual. This may be by a sheriffs officer or a private process server. Delivery may also be made at the defendant’s home to a member of

Any interested person may apply to the courts of New Jersey for appointment as guardian of an individual (and his or her property) who is incapacitated and unable to handle his or her own affairs.  The case is started by the filing of a verified complaint seeking to have the Court  determine the person to

In a recent unpublished decision, thec New Jersey Appellate Division upheld the trial court’s dismissal of a personal injury lawsuit based on a falldown at a two family house. The bank holding the mortgage on the house had become the owner of the property through foreclosure.  The plaintiff, a lawful guest at the property, was

The majority of collection cases are for amounts under $15,000.00 and are therefore filed in the Special Civil Part of the Superior Court of New Jersey. Typically, these are lawsuits to collect credit card balances, medical bills and other consumer debts. Defendants are typically served by mail, and service is presumed to be effective unless the post