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Ocean Carrier Claims in Bankruptcy

OCEAN CARRIER CLAIMS IN BANKRUPTCY

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Canceling Contracts Through Email: N.J. Supreme Court Recognizes New Methods to Disapprove Residential Real Estate Contracts

In a ruling that acknowledges modern modes of communication, the New Jersey Supreme Court has found that a notice of disapproval of a standard form real estate contract may be transmitted by email, fax, personal service or overnight mail with proof of delivery. This is a change from the prior 34-year-old requirement that a notice of disapproval must be sent to the real estate agent or broker by certified mail, telegram or personal service. The Court in Michael Conley, Jr. vs. Mona Guerrero, 2017 N.J. Lexis 371 (2017), amended the settlement agreement made between the New Jersey Bar Association and New Jersey Association of Realtor Boards in the case that originally established the three-day attorney review clause for standard form real estate contracts to allow notice of disapproval by email, fax, personal service, or overnight mail. New Jersey State Bar Ass’n v. New Jersey Ass’n of Realtor Boards (Bar Ass’n), 93 N.J. 470, modified, 94 N.J. 449 (1983). The three-day period in which one must send the notice remains unchanged.

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MY CHILD HAS A DISABILITY – NOW WHAT?

A Roadmap to the Special Education Referral and Evaluation Process
By Michelle Krone

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What is Required for an Award of Punitive Damages

The United States District Court for the District of New Jersey has been called upon three times in recent weeks to clarify what is required for a plaintiff to be awarded punitive damages. In each instance, District Judges reinforced that negligence, or even gross negligence, is not sufficient. Instead, under New Jersey law, there must be clear and convincing evidence of actual malice, or wanton and willful disregard of others. This requires an intentional wrongdoing, an evil-minded act, or a deliberate act or failure to act that creates a high probability that another person will be harmed. In each case, the Court relied upon the New Jersey Punitive Damages Act which clearly sets out what is and what is not sufficient to justify awarding punitive damages. Under the Act, punitive damages should be awarded where the plaintiff can demonstrate all of the following:

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THE EFFECT OF BANKRUPTCY ON ADMIRALTY RULE B ATTACHMENTS

By Rick Steinberg, Of Counsel

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SMALL (and MEDIUM-SIZED) BUSINESS GENERAL COUNSEL

As a small business owner, you may be familiar with the concept of an in-house general counsel, who is an attorney that is an employee of a company who handles a variety of business-related issues extending across a number of legal disciplines.  The cost of employing an in-house general counsel, while a fixed expense, is often excessive for a small or even medium-sized business.  That is why Price Meese, along with its specialization in a variety of disciplines, has developed an expertise in providing “general counsel” services to smaller companies on an as-needed basis.

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Contract Limitations v. Bill of Lading Limitation

Question
Help!  
My carrier/shipper contract says my liability as a carrier for freight damage or loss is limited to $1,000,000.00 but the Bills of Lading say my liability as a carrier is limited to $1.00.
Is my limitation $1,000,000.00 or $1.00?
Can I split the difference?
What do I do?

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Suing the State of New Jersey: A primer on the Tort Claims Act

           This article is meant to serve as a general summary of the New Jersey Tort Claims Act (or “TCA”) and how one can sue municipalities and their employees under the requirements provided in the statute.  Under N.J.S.A. §59:4-2, a plaintiff is required to prove that public property owned and operated by the government is in a dangerous condition.  That dangerous condition, when used by a foreseeable person in a reasonable manner, must be the cause of the plaintiff’s injuries.  Finally, the plaintiff must provide objective medical proof that they have sustained the permanent loss of a bodily function as a result of the injury.  Specifically, you must have the permanency just described as well as medical expenses in excess of $3,600.00. 

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Court Throws Life Preserver to Alimony Payors Struggling to Stay Afloat

Mills v. Mills, 447 N.J. Super 78 (Ch. Div. 2016).
In the context of divorce proceedings, many are familiar with the concept of “alimony”: the requirement of the higher-earning spouse of the marriage to make payments to the lesser-earning spouse in order to maintain his or her post-divorce support. The amount of alimony paid and received, as well as the term of the alimony payments, are both dependent on the specific facts of each individual case. Specifically, the New Jersey statute outlines various factors which the attorneys or the Judge must consider in formulating an alimony obligation. Whether the parties ultimately agree upon an alimony amount and term, or the Judge imposes this obligation, it is common for one party to make alimony payments to the other for a set period of time. But, what happens when the alimony payment is no longer possible, due to the obligor’s loss of his or her job or a reduction of the salary held at the time of the divorce?

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Exception to OPRA- The Deliberative Process Privilege

The New Jersey Open Public Records Act (“OPRA” or the “Act”) guarantees that government records are readily accessible for inspection, copying and examination by citizens of this State with certain limited exceptions. One such exception is the deliberative process privilege which includes inter – or intra-agency material that is advisory, consultative, or deliberative in nature1. This privilege allows draft documents or documents prepared during the formulation of governmental decisions to be withheld from public disclosure.

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Commercial Loans and the Fair Market Credit

COMMERCIAL LOANS AND THE FAIR MARKET CREDIT

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OUT OF DISTRICT PLACEMENT: A Word of Caution

                                                       OUT OF DISTRICT PLACEMENT: A Word of Caution
If you think your child’s placement is not appropriate it does not mean that your public school district has to place your child out of district even if your child has an IEP or Section 504 Plan. You have the right to place your child in any school that you choose but only if you are willing to pay for that school.

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THE UIIA: A PRIMER ON THE UNIFORM INTERMODAL INTERCHANGE AGREEMENT

Rick A. Steinberg, Esq.

Introduction

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THE EFFECT OF BANKRUPTCY ON ADMIRALTY RULE B ATTACHMENTS

By Rick Steinberg, Of Counsel

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US Court of Appeals for the Second Circuit holds that Microsoft cannot be compelled to turn over emails stored abroad

In a striking ruling that benefits corporations located within the United States but which store information on servers overseas, the Second Circuit of the United States Court of Appeals held on July 14, 2016 that a warrant served by the United States Government upon the Microsoft Corporation under section 2703 of the Stored Communications Act of 1986 cannot compel American companies to produce data stored in servers outside of the United States. While Microsoft maintains customer account information on its US severs, it maintains an international server network to speed customer access all the world. In 2013, the US Government served a warrant upon Microsoft seeking emails on a particular Microsoft account customer. Microsoft moved to vacate the warrant and was unsuccessful in doing so in the United States District Court for the Southern District of New York.

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A Claim Awaiting a New Jersey Plaintiff - Exotic Dancers as Independent Contractors

By Rick Shulman, Member of the Firm

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Whose Ring Is It Anyway?

Hearts, doilies, and roses are everywhere you look. Emails selling romantic prix fixe specialty dinners for two clog your inbox. An eternal loop of diamond ring commercials have taken over your regular television programming. If it looks sparkly and smells like chocolate and roses, Valentine's Day is looming and you are officially in the thick of engagement season.
Something to consider for the participants of cupid's favorite time of year: the diamond might only be forever under certain circumstances.

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When Is An Independent Contractor Not An “Independent Contractor”?

Many businesses, irrespective of size, seek to expand their workforce by contracting with “independent contractors” rather than growing by employee headcount. In addition to the increased flexibility that an “independent” business relationship may accommodate, companies may seek to grow or conduct business through the use or addition of independent contractors for more mundane reasons – including avoidance of matching payroll taxes, exclusion from employee benefit packages, union rules, or non-applicability of minimum and overtime wage laws.

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New Jersey Supreme Court Confirms The Significance Of Timely Notice To Claims-Made Insurers

Although New Jersey is often regarded as a state whose courts will strive mightily to afford a remedy to policyholders seeking coverage from their insurers, a recent decision of the New Jersey Supreme Court has confirmed that it has lines that even it will not cross. The Court’s opinion in Templo Fuente De Vida Corp. v. National Union Fire Ins. Co., (A-18-14, February 11, 2016) highlights the differences between “occurrence” and “claims-made” insurance policies, and the mandatory significance of timely notice under the latter.

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Contracts That Provide For Arbitration Also Require An Explicit “Waiver Of Right To Jury Trial”

All contracting parties, whether in the consumer or commercial context, are familiar with agreements which contain a section that provides, in substance, that “any dispute arising out of this Agreement shall be resolved by arbitration.” This provision is intended to guarantee, among other things, that the parties will not be required to bear the perceived additional time, effort and expense of adjudicating their differences in court, or, if a trial is necessary, have the dispute decided by a jury of laypeople. Does such a provision, even if written in plain English, ensure that the right to jury trial has been effectively waived?

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