In construction projects that are performed either on behalf of a municipality or a state agency, a general contractor and potentially a sub-contractor are typically required to post payment and/or performance bonds with the county or municipality. A general contractor or sub-contractor is required to post a payment and/or performance bond, because this ensures that sub-contractors… Continue Reading
The U.S. Court of Appeals for the Third Circuit recently was asked to determine whether “a party seeking a preliminary injunction pursuant to the Lanham Act, is entitled to a presumption of irreparable harm.” Ferring Pharms.. Inc. v. Watson Pharms.. Inc., 2014 U.S. App. LEXIS 16426 at *1 (3d Cir. N.J. Aug. 26, 2014). The… Continue Reading
Whether in time of economic growth or decline, all businesses must be mindful of potential liability. The nature and extent of liabilities has a direct effect on profits, which can hamper business growth and require cutbacks, among other things. Knowing where and how liabilities arise can prevent negative effects on profits, avoid litigation premised on… Continue Reading
On January 1, 2015, the New Jersey judiciary will expand its Complex Business Litigation Program statewide. The program has been operating in Bergen and Essex counties since 1996. It is designed to handle complex commercial and construction cases with $200,000 or more in damages. New Jersey will join 27 other states with some form of… Continue Reading
A survey of in-house attorneys conducted in July and August of 2014 showed a split of opinion about whether arbitration generally turned out to be a better solution than litigation. 42 percent called it a toss-up, 25 percent said it was a better solution, and 21 percent said it was not. The primary reasons given… Continue Reading
When you are either purchasing or selling a residence, you will become familiar with the Seller’s Disclosure Statement which is provided by a seller of a residence. This Statement is designed to disclose all known defects and/or issues with the residence to a purchaser. While some of the issues may be readily apparent to the… Continue Reading
Virtually every homeowner at some point has hired a home improvement contractor to provide materials or services with regard to work on their residence, whether to increase the value of the home, or simply to perform repairs due to damages caused by other circumstances. Obviously, if the home improvement contractor does an extraordinary job and… Continue Reading
A New Jersey Appellate Court was presented with deciding “whether a contractual provision, contained in an employment application, by which the employee waives the two year statute of limitations applicable to claims against the employer and shortens the period for such claims to six months” is enforceable?
Unfortunately, sometimes disputes arise as to where and when depositions should be taken. Most (possibly all) Judges hate those kinds of disputes. Discovery disputes are best resolved amongst capable attorneys by way of reasonable compromise.
On May 30, 2014, Los Angeles Clippers owner Donald Sterling filed a civil suit against the National Basketball Association and its commissioner, Adam Silver, in the United States District Court for the Central District of California, Western Division.