In general, a party is only entitled to injunctive relief if they can demonstrate that the damages for which they seek redress are not compensable by an award of monetary damages, however, in a recent US District Court case, the US District Court decided that injunctive relief was called for to preserve monetary assets pending the resolution of a matter. Typically, it is rare to see estate litigation before a US District Court; however, the District Court correctly applied New Jersey law in finding that injunctive relief was appropriate.

Continue Reading Injunctive Relief to Prevent Monetary Damages in Estate Litigation

If you are a general contractor or subcontractor, you should know the New Jersey Prompt Payment Act. In general, the purpose of this Act is to encourage prompt payment to contractors for the materials and services they provide on a project by imposing potential sanctions, including counsel fees, should payments which are currently due not be timely and properly tendered. One of the provisions of this Act contains a fee-shifting provision whereby the contractor may be entitled to an award of all counsel fees incurred in seeking the payment it is due from a general contractor or subcontractor. Continue Reading Counsel Fees Under the Prompt Payment Act

This week, The Supreme Court of New Jersey delivered a monumental win for victims of sexual assault.

The Court’s unanimous decision in C.R. v M.T. set a new precedent for courts in deciding whether an alleged victim of sexual assault was too intoxicated to give consent—more specifically, the ruling clarifies the required burdens of proof in cases where the alleged victim seeks a restraining order under the Sexual Assault Survivor Protection Act of 2015 (SASPA).

Continue Reading Supreme Court of NJ Sets New Precedent on Sexual Consent and Intoxication

Back to school is here and even though the pandemic is still with us, many parents are thinking about travelling during the Thanksgiving and Winter Break periods. When the parents of children are not together, travel brings on some additional considerations. What should a parent consider when making plans to go out of state, or out of the country?

Continue Reading The Holidays Are Coming – What Divorced and Separated Parents Should Consider When Preparing for Travel During Pandemic

In previous blogs, I have discussed an award of counsel fees to a plaintiff who successfully contested a last will and testament. In a recent appellant division decision, the appellate court reviewed an award of counsel fees to a plaintiff who challenged a last will and testament, however, whose challenge was not successful.

Continue Reading Counsel Fees in Probate Litigation, Even if Unsuccessful

Step One – Start Early. The time to start working on your next election is the day after your last election.

  • Make notes for next year. What worked well? What could be done better?
  • Clearly note the new (and existing) trustee terms in the minutes. Too often trustee terms get confusing, especially when there are appointments to vacant positions.
  • Save the draft minutes so they can be located and approved at the next annual meeting.
  • Consider amendments that will make the election process easier: electronic voting, electronic notice, quorum reduction, absentee ballots, eliminating double ballot procedures. Get those amendments approved and recorded at least three months before your next annual meeting.

Continue Reading Five Steps to Successful Trustee Elections

In a recent appellate division decision, the appellate court discussed the effect lien waivers might have on a subcontractor’s right to receive payment in full for the work it performed. In this matter, the plaintiff subcontractors had performed all of their obligations under the contract, however, they had also signed partial lien waivers for the defendant general contractor. The general contractor asserted that the execution of its lien waivers barred plaintiffs from receiving the balance which remained outstanding on their invoices pursuant to the contract.

Continue Reading Lien Waivers and Their Effect on Receiving Payment

documents needed for divorce njBack to school season is a time when many people think about divorce. Whether you are simply looking for information or are ready to take the next steps in your life, chances are you are considering an initial meeting with a divorce lawyer to get information about your current situation. Many people want to know what type of information they need to have on hand to have a meaningful meeting with their lawyer. Understanding what type of information will be asked for and what will be necessary in a divorce case early on in the process can be helpful in a planning perspective. The following are documents that will almost always be necessary in a divorce situation.

Obtaining these documents during a contentious divorce can sometimes be difficult. Knowing what you may need ahead of time allows you to accumulate what you can in a less stressful environment, and one in which you are in control. It can also prevent documents from going missing. Sometimes a spouse can collect information around the house prior to announcing an intention to seek a divorce, or even consult with a lawyer. Taking pictures of documents can be helpful as well, such as checks from the other spouse in order to obtain account information. Continue Reading What “Divorce Documents” Do I Need Before Filing for Divorce?

If you serve on the board of a condo association, you’ve likely seen instances of kicking the can down the road and deferring needed maintenance and repairs. Allocating and reserving funds for repairs can be a difficult, complicated process, and coming to a decision about these issues can easily lead to tensions between board members and neighbors.

Even so, it’s important to take steps now to ensure the adequate repair and maintenance of your building. Deferred repairs and insufficient reserves can lead to greater and more urgent expenses down the road—as well as jeopardize the safety of your residents and put you at risk of legal liability.

Continue Reading Condo Association Boards: Plan for the Future by Staying Ahead of Maintenance and Repairs

Intellectual property is a right enshrined in our very Constitution, which grants Congress the power “To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.”[1] Congress has made use of that power by legislating a wide birth of laws defining what is a copyright, how to get one, and what it protects.[2] Surprising to many lay observers, architectural works are specifically protected copyrights.[3]

Continue Reading Architectural Copyrights: No Need to Pay the Troll Toll