Understanding the Legal Concept Known as “Quantum Meruit” Under NJ Contract Law
In order to receive payment under a defective contract a legal claim called “quantum meruit” must be asserted to win; “a plaintiff must establish”: …
A Real Estate Broker is Screwed When She Fails to Get a Signed Listing Agreement
Here’s a recent case that seems unfair to a real estate broker who failed to get a signed commission agreement before introducing a buyer …
A Court Can Order a Contractor to Finish the Job Instead of Giving Money Damages
Money damages are generally given in a breach of contract case. Sometimes a court will order a contractor to finish a job instead of …
If Your Business Makes Too Much Noise, You’re Going to Get Shut Down and Be Sued
There is a legal action known as a “private nuisance”. “The essence of a private nuisance is an unreasonable interference with the quiet use …
How to Correct a Mistake in a Certificate of Formation
Recently a client provided me with a NJ LLC Certificate of Formation he filed online by himself several weeks previously. For unknown reasons, he …
COVID, the Flu and the Law Against Discrimination
In a recent case handled by our office, a school district terminated a teacher in violation of the New Jersey Law Against Discrimination (LAD) …
A NJ Partnership That Owns Real Estate is Subject to a Petition Action by its Partners
In this case, three partners owned three properties as tenants in common in Newark (tenants in common means they each own a percentage of …
A Liquidated Damage Cause in a Breach of Contract Cases Isn’t Always Enforced
A recent case I read involved a dispute over a $852,100 deposit made by a buyer in connection with a commercial real estate sale …
When Gifting Real Estate in NJ, What is the Actual Date of the Gift?
We have clients who want to gift to their ownership in New Jersey Real Estate. These clients want to complete their gift in 2022. …
Claiming to Be a Victim of Discrimination Isn’t Enough to Win an Employment Discrimination Case
I notice that many employees (actually they are now former employees when they bring their lawsuit) allege a violation of the New Jersey Law …
When Shareholders Are Fighting What Statutory Remedies Can Be Used to Win
When things go bad between shareholders, fights erupt and litigation is most often filed by and against the corporation and the individual shareholders. Once …
A Real Estate Broker Must Understand the Statute of Frauds and NJ Contract Law
The statute of frauds requires certain types of real estate agreements to be in writing or the agreement will not be recognized by law. …
Understanding the Role of a Trustee(s) in a Family Trust That Owns a Family Corporation
I read an interesting trust litigation case which was decided in the Federal District Court of New Jersey. The case involves the New Jersey …
Understanding the New Jersey Complex Business Litigation Program (CBLP) Guidelines
Overview The Complex Business Litigation Program (“CBLP”) is focused on business, commercial and construction cases with significant dollar amounts in dispute or business or …
Transferring Your Family Business to a Child Can Have More Complications Than You Think
Owners of family businesses often look forward to the day they will be able to retire and pass on the business to their child …
What Does the Attorney-Client Privilege Mean to You?
Attorney-client privilege means that in litigation, anything you tell your attorney will be held in strict confidence and cannot be disclosed unless there is …
New Jersey Expands Law Against Discrimination to Address Age Discrimination
What You Should Know New Jersey’s Law Against Discrimination (NJLAD) has been expanded to address age discrimination against employees Government and state employers no …
The Settlement of a Business Dispute is a Contract and Will Be Enforced
“A settlement between parties to a lawsuit is a contract.” The terms of the contract and the interpretation of a settlement agreement is a …
Do Not Fail to Provide Your Partner with an Accounting if Demanded
Plaintiff and defendant formed a partnership to rent property to various tenants. When plaintiff asked defendant for his share of the rental profits and …
You’re Not Personally Liable as a Guarantor of a Lease or Debt Unless You Agree to Be Personally Liable
Personal guarantees of debts are often demanded in business agreements, commercial and residential real estate deals and bank loans. If the debtor defaults, the …
If You Resign from Your LLC, Don’t Expect to Get Paid Fair Value for Your Share
This is an interesting case. Plaintiff sued defendants, alleging they wrongfully deprived him of his ownership interest in the LLC, without compensation. The trial …
You Can’t Wait Forever to Demand Arbitration in Your Contract Fight
How Long Can You Wait in a Lawsuit Before Demanding Arbitration Video The parties to a recent case were siblings who purchased a …
Can an Employer Regulate Your Private Life and Your Free Speech?
Many employees do not realize that employers in New Jersey have the right to regulate and prohibit personal lifestyle choices after work and during …
New Jersey Employers and Employees Must Always Be Aware of the Language In Their Contracts
A large number of employers and employees throughout New Jersey sign employment contracts. Unfortunately, many employees often do not read the contracts before they …
Know Your Rights: The Employee Retirement Income Security Act (ERISA) is an Important Federal Law for Employees
The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for most voluntarily established pension plans, health …
Thinking of blowing the “whistle” on your boss? Understanding the New Jersey Conscientious Employee Protection Act (CEDA)
There are numerous federal and NJ state laws that protect “whistleblowers” who report the unfair or illegal practices of their employers. The CEDA law …
Have You Read Up on Recently About the Family and Medical Leave Act (FMLA)?
The Federal FMLA provides that employees may take 12 weeks of unpaid leave from their jobs when they have a serious medical condition or …
A Shareholder Lawsuit Can Get You More Than Just Money!
If you are sued by your business partner because of alleged improper action on your part, what remedy will he or she seek? Many …
Every New Jersey Shareholder is a Fiduciary to Their Fellow Shareholders
By Fredrick P. Niemann, Esq. a NJ Shareholder Lawsuit Attorney As a shareholder of a New Jersey corporation, it is important to understand your …
It’s the Courts Who First Decide Mandatory Arbitration Not the Arbitrator
In a recent New Jersey case, a plaintiff filed a complaint alleging violations of the New Jersey Consumer Fraud Act, the New Jersey Commercial …