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

A major concern any contractor or sub-contractor has when working on a project is being paid for the materials and services that they have provided. When the project is progressing without any financial difficulties, payments are timely issued and the sub-contractor or contractor is paid for all the work that they perform.
Continue Reading Getting Paid when the Hiring Contractor is in Financial Trouble

On May 22, 2014, the New Jersey Appellate Division reversed a trial court’s denial of a motion to compel deadlocked members of a limited liability company to arbitrate their disputes in accordance with the governing operating agreement.
Continue Reading New Jersey Appellate Court Reverses Trial Court and Remands Member Deadlock Case to Binding Arbitration

On May 8, 2014, the Delaware Supreme Court in the case ATP Tour, Inc. v. Deutscher Tennis Bund, 2014 Del. Lexis 2009 (2014), held that a fee shifting provision in a non-stock corporation’s by-laws can be enforceable under Delaware law provided it was adopted for a proper purpose.
Continue Reading Delaware Supreme Court Allows By-Laws to Require “Losing” Party to Pay the Prevailing Party’s Legal Fees and Costs If Adopted for A Proper Purpose

At some point in our lives, many of us are chosen to serve as a Power of Attorney for an elderly or an incapacitated person who may need assistance with their day to day affairs, whether due to infirmity, immobility, or issues with their mental capacity. Prior to taking actions utilizing the Power of Attorney, it is a good idea for an individual to have ground work laid out to properly memorialize any actions taken while utilizing the Power of Attorney to avoid potential future legal action. As a litigator who works extensively in probate litigation, I have seen many instances where a lawsuit is filed due to alleged abuses of a Power of Attorney. As such, below are some simple rules to follow when utilizing a Power of Attorney.
Continue Reading Properly Serving As a Power Of Attorney

Just because a Will may be unfair to different members of a family its lack of perceived fairness does not invalidate the Will in the absence of additional evidence. It is well settled that if the testator has the capacity to execute a Will, then in that event, it is not the duty of the Court to rewrite the Will, but instead, to enforce it in its current format. The test of capacity to execute a Will is quite a low standard. In general, the testator need only understand the property which he possesses and which he wishes to dispose of and the individuals to whom he wishes to bequeath this property. Provided the testator meets this simple two pronged test, and the distribution is not the subject of an outside influence which is unlawful in nature, then the bequest will stand. This might be despite the fact that the decedent’s bequest may be extremely unfair to other potential heirs of the Estate.
Continue Reading An Unfair Will Doesn’t Mean an Invalid Will