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 – […]

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. […]

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 […]

Generally speaking slip and fall cases fall under premises liability cases, where a plaintiff claims that the owner or possessor of property caused or failed to fix a dangerous condition that caused an injury. Slip and fall accidents can happen in a wide variety of places and involve various dangerous conditions. The first thing that […]

Employee wage compensation suits brought under the federal Fair Labor Standards Acti are proliferating, especially within the context of class or collective actions which are commenced on behalf of large numbers of similarly-situated employees. These claims must be defended vigorously by public and private sector employers because of their potential exposure to substantial damage awards, […]

A ruling of the Appellate Division of the Superior Court in July 2015 with far-ranging implications to condominium associations, condominium owners, general contractors, trade subcontractors and their respective insurance companies will be reviewed and perhaps clarified by the state Supreme Court in its 2016 term. That decision, in a matter entitled Cypress Point Condominium Association, […]

Clients and potential clients sometimes ask attorneys about punitive damages and whether they are entitled to them. Under the New Jersey Punitive Damages Act, punitive damages are defined as “exemplary damages and means damages awarded against a party in a civil action because of aggravating circumstances in order to penalize and to provide additional deterrence […]

Before the New Jersey Supreme Court determined the procedures and applicability of a pre trial taint hearing in State of N.J. v. Michaels, there was no real legal authority for a defendant to rely upon. This kind of pre trial hearing is limited in aggravated sexual assault cases, and normally deals with the methods, types […]

Under the Individuals with Disabilities Education Improvement Act of 2004 (IDEA) and the state regulations implementing this law parents have many rights. Knowledge of these rights and how to utilize them makes for effective advocacy for your child. Parents and guardians of children who have or are suspected to have disabilities have the right to: […]

Inadequate Security

Lets face it, the world is a violent place. Nobody asks for violence to occur while at their home or in a public place, but it will happen to you or someone you know. If there has been a history of violent activity in a location, the owner of a property will sometimes be required […]

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