The concept of a charitable immunity – that charities cannot be sued for negligent conduct – originates from nineteenth century common law, based upon the idea that funds that were otherwise meant to go to charitable causes should not be diverted to pay for legal actions. In 1958, the New…
New Jersey imposes a “realty transfer fee” on the sale of property. Sellers of real estate in New Jersey are often surprised by this fee, which is akin to a sales tax. The amount of realty transfer fee changes with the sales price, it is about half a percent for…
There are three forms of formal dispute resolution to resolve a legal dispute which informal negotiations have fulfilled: mediation, arbitration, or litigation. Understanding the benefits and drawbacks of each is important to decide which method is best to resolve a dispute. Mediation. Mediation is a process where a neutral third…
New Jersey law N.J.S.A. 54:4-35.1 allows property owners to request reduced property tax assessments for property damaged as a result of Superstorm Sandy. This law was enacted in the response to a severe Nor’easter which hit New Jersey 1962. That storm caused significant property damage and there was no basis…
New Jersey’s Conscientious Employee Protection Act (“CEPA”) is one of New Jersey’s employment protection laws. The Act, enacted in 1986, is often referred to as the “whistleblower law.” In fact, it is one of the most liberally interpreted and expansive whistleblower laws in the country. It protects employees from being…
New Jersey has several “tracks” for a government employee who is in civil service to fight when he believes he was wrongfully fired. The first, is in the Civil Service Commission, which can order reinstatement and back-pay. However, this process goes through the Office of Administrative Law and does not…
People or businesses seeking to collect money in New Jersey can file a suit in the Superior Court to obtain a judgment. An experienced New Jersey litigation attorney should be consulted before suing, however,because there are many factors that should be considered. For example, a decision needs to be made…
The Magnusson-Moss Warranty Act was enacted in 1975 to govern written warranties on consumer products. Oral warranties are not covered by the Act. Commercial warranties are not covered by this Act. Warranties on services are not covered by the Act. Instead, the Act was enacted to require the manufactures and…
https://www.youtube.com/watch?v=POSFITzU–c Antitrust laws in the United States – commonly known as competition laws outside of the U.S. – have evolved over the years with an ongoing effort to maintain and support fair competition. The major statute which concerns antitrust law is the Sherman Antitrust Act, originally enacted in 1890. One…
The Appellate Division recently issued an important decision on “stigma” due process claims under New Jersey’s Civil Rights Act. The case involved a gym teacher in the Newark Public School system. He did not have tenure. Several accusations were made against the teacher, the first that he had disciplined students…