Here at the New Jersey Lawyers Blog we usually stick to New Jersey law (the name is probably a giveaway). However, a federal decision this week in the United States Court of Appeals for the Seventh Circuit (with jurisdiction over appeals from the federal courts in Illinois, Indiana and Wisconsin)…
New Jersey Lawyers Blog
Fiduciary Duties and the Business Judgment Rule: Bad Judgment Without Bad Faith Does Not Create Liability for Directors, Officers and Owners
Our attorneys represents businesses and the people who own and run them. One source of significant conflict in New Jersey business law are the fiduciary duties of the directors, officers and owners of businesses. New Jersey business law imposes fiduciary duties on a company’s directors and officers. This also applies…
New Jersey Supreme Court Issues Opinion on Fraudulent Conveyance
New Jersey’s Uniform Fraudulent Transfer Act, often referred to as the “UFTA,” is designed to protect creditors from debtors who transfer assets to avoid paying their debts. New Jersey’s Supreme Court recently issued a landmark decision on the UFTA. In the case of Motorword, Inc. vs. William Benkendorf, et al.,…
New Jersey’s Law Against Discrimination: Damages in Consideration of Unemployment Benefits
New Jersey’s Law Against Discrimination (the “LAD”) makes it unlawful to discriminate against someone on the basis of race, age, nationality, gender, religion, sexual orientation and several other specifically protected groups. While this covers an array of relationship scenarios, it is often applied in the context of an employment relationship. Any…
Lost Profits as Commercial Damages and The New Business Rule
In a business dispute, a prevailing party is awarding damages awarded damages it can prove, typically awarded lost profits. The “New Business Rule,” however, has traditionally including recovery of lost profits for “new” businesses, because their lack of a track record makes estimating lost profits too speculative. The is a…
Equitable Relief in the Chancery Division of New Jersey’s Superior Court
The General Equity Part of the Chancery Division of the Superior Court of New Jersey has the ability to grant “equitable” relief in addition to money damages, making it a desirable venue for business dispute. Where a New Jersey lawsuit is heard is determined by New Jersey’s Rules of Court. …
Money Damages in Business Litigation
“Legal” and “Equitable” Remedies in New Jersey Courts Business litigation involves a claim that one party caused business harm to another, and sometimes counterclaims that each side caused the other harm. At the end of the case, if a court (whether a judge or jury depending on the facts and…
Solid Waste Transportation: CPCN’s and Other Requirements
The New Jersey Department of Environmental Protection (“NJDEP”) regulates, monitors, and enforces a wide range of environmental laws throughout the State, including things such as the transport and disposal of solid waste. The State Legislature and the NJDEP have enacted numerous laws, rules, regulations, and reporting requirements for waste transporters in…
Age Discrimination Under Federal and New Jersey Employment Law – Illustrated by Two Recent Cases
Our employment law department represents private sector employers and public and private sector employees. One of the most prevalent claims we see is age discrimination in the workplace. Age Discrimination Laws Age Discrimination is illegal under both state and federal law. New Jersey employment law prohibits this under the…
Enforcing Judicial Consent Orders in Solid Waste and Recycling Cases
New Jersey heavily regulates the transportation and disposal of solid waste (garbage) and recycling. These activities are governed by New Jersey’s Solid Waste Management Act. It is also governed by regulations promulgated by New Jersey’s Department of Environmental Protection (known as the DEP). The Appellate Division of the Superior Court…