Litigation Blog Posts

  • What If: My Tenant Won’t Vacate the Leased Premises?

    March 10, 2020

    A tenant fails to pay rent or breaches another term of the lease agreement. The landlord terminates the lease. The tenant does not vacate the premises, and does not pay any additional rent. What can you, as a landlord, do to fix this problem? You can get the tenant out, and obtain a judgment for ...

  • The New Jersey Prompt Payment Act

    March 7, 2017

    While many contractors may not be aware of the existence of the New Jersey Prompt Payment Act, its application to construction litigation where payment is sought under either a general-contract or sub-contract is important to the industry. This act was created in order to provide a remedy to both general contractors and subcontractors when payment ...

  • How to Remove an Invalid Construction Lien

    September 14, 2016

    As the owner of a parcel of property, you might someday be faced with a scenario wherein a construction lien filed by a contractor who performed work for you was either improperly filed, or is simply invalid on its face. The issue becomes what is the proper way to remove and/or discharge this construction lien ...

  • Appeals of Family Court Judgments

    August 11, 2016

    For those unaware, after a Lower Court makes a final decision in a family court case, either party has a right to appeal that decision to the Appellate Court. A Notice of Appeal must be filed, along with any other relevant documents, within 45 days of the date of the entry of the Judgment. The Appeal ...

  • Can a company represent itself in court in New Jersey?

    July 29, 2013

    In the courts of the State of New Jersey, adult individuals generally may prosecute or defend a civil action in person, however, state law generally prohibits any business entity other than a sole proprietorship from appearing in any court action in the State except through an attorney authorized to practice law in New Jersey.

  • The Economic Loss Doctrine

    June 17, 2013

    Although firmly established within New Jersey Jurisprudence, the “Economic Loss Doctrine” is often overlooked by overzealous Plaintiffs who attempt to file Tort Claims in simple Breach of Contract cases. The “Economic Loss Doctrine” provides that if the factual foundation for the Cause of Action is contractual in nature, than in that event, the Parties ...

  • Do you Have a Duty to Preserve Evidence?

    February 9, 2012

    I can’t help but abuse legalese in my everyday life. Last night was no exception, when I accused my Wife of “spoliating” my good mood by watching “Glee.” Although I may have convinced my Wife to the contrary, the term “spoliation,” has nothing to do with whiny 30 year-old “high school students” incomprehensibly breaking into ...

  • Requirements for a Proper Privilege Log

    December 20, 2011

    Martin P. Schrama, Shareholder in Stark & Stark’s Litigation Group, and Stefanie Colella-Walsh, member of Stark & Stark’s Litigation Group, authored an article for the December 12, 2011 New Jersey Law Journal Product Liability & Toxic Torts Supplement entitled, Requirements for a Proper Privilege Log: The significance of these often overlooked rules.

  • The Seller’s Disclosure Statement

    March 8, 2011

    The completion of the Seller’s Disclosure Statement is a task that is often taken lightly by a Seller of residential real estate when they are preparing to sell their house. In fact, many individuals when faced with completing this task give it little thought and complete it in a cursory fashion. What a Seller ...

  • The Pennsylvania Fraudulent Transfers Act: A Useful Tool to Avoid Debtors’ Sham Sales of Assets and Turn Judgments into Dollars in a Slowing Economy

    October 14, 2009

    The Pennsylvania Uniform Fraudulent Transfers Act, (PUFTA) 12 Pa.C.S.A. § 5101 et seq., grants a statutory remedy to creditors where a debtor has acted to hinder his creditors and identifies several factors for scrutinizing transfers as fraudulent to creditors. Where a transfer has been proven to be fraudulent as to a debtor’s creditors, remedies ...

 

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