Litigation

There is a basic concept in the law of due process. Part of that is that a person or entity should not be sued in a State where it has not done business. In the old days, it might be sufficient to show that the defendant never stepped foot in New Jersey and therefore is […]

The New Jersey Open Public Records Act (“OPRA”) is an important litigation tool for gathering information, whether prior to suit or during the litigation process. It is particularly helpful when the dispute involves a public entity, public property or public employee. Upon receiving an OPRA request, a public entity must respond within seven business days,

The Federal courts have had electronic filing for many years, both in the district courts and the bankruptcy courts. Typically, this is initiated by the attorney opening an account with the court, which gives the attorney the ability to scan and upload litigation documents on line instead of having to mail the documents to the

Sometimes debtors do sneaky things like conveying real estate out of their names to try to put those assets out of the reach of their creditors.  Fortunately, New Jersey has a Fraudulent Transfer Act that gives creditors some recourse.  The Act grants a creditor a period of four years after the transfer to sue the

In a recent New Jersey Federal court decision, a judge denied Wal-Mart’s motion for summary judgment and determined that the plaintiff was entitled to a trial on his claim for personal injuries arising in defendant’s store.  Specifically, the plaintiff alleged that he tripped and fell over a fishing wire which Wal-Mart employees failed to reel

Experience counts, particularly in the area of debt collection practice. Knowing all of the steps and consistently pursuing and applying them always makes a big difference in this area of the law. The case will typically start with the filing of the complaint with the court, and then sending the complaint and summons to a process

It may be that you are behind on your credit card payments, a little or a lot, because you were out of work, or involved in a divorce.  When the creditor refers your account for collection, it may just be a short while before it is turned over to an attorney to file suit against

Under New Jersey law, in every residential tenancy, there is an implied warranty of habitability. This means that the landlord must provide a habitable apartment or house for the tenant. Due to this warranty, tenants have specific rights in the event that an eviction proceeding is commenced against them. In some instances, the tenant will

Most people are well aware from personal experience about landlord-tenant relationships. Parties enter into a written lease providing for payment of a monthly rent and security deposit and containing the rights and responsibilities of the parties during the tenancy. Then if a tenant fails to pay rent, the landlord may file an eviction action in the Special Civil

A statute of limitations sets forth the time that a plaintiff has to file a lawsuit on his claim. These statutes vary from state to state. For example, a New Jersey personal injury victim generally has two years from the date of the accident to file a lawsuit, or is barred from making a claim