Category Archives: Litigation

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Making a Claim against a Payment Bond Posted by a General Contractor or Sub-Contractor

Posted in Litigation

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

U.S. Court of Appeals Addresses Presumption of Irreparable Harm: Ferring Pharmaceuticals, Inc. v. Watson Pharmaceuticals, Inc.

Posted in Litigation

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

Agents of Liability: Can the Acts of Another Bind a Business?

Posted in Business & Corporate, Litigation

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

Latent or Hidden Defects in the Sale of A Residence

Posted in Litigation

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

Should I Sue My Home Improvement Contractor?

Posted in Litigation

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

New Jersey Appellate Court Permits Employers to Reduce The Statute of Limitations for New Jersey Based Employment Claims Under Certain Circumstances

Posted in Litigation

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?