Business Law | Respond Law

Buyers Beware— Lemon Laws May Not Fully Protect

On August 6, 2019

Finding a Resolution through Arbitration When shopping for a new car, many consumers depend on “Lemon Laws”— the laws and regulations put in place to protect individuals purchasing motor vehicles—as a safeguard. However, there are certain situations in which individuals cannot seek help from the courts to settle motor vehicle purchase disputes. For instance, some […]

Oppression in a Limited Liability Company: Remedies When There Is No “Minority Shareholder”

On April 12, 2019

A “minority oppression claim” under New Jersey law has historically been tailored specifically for a minority shareholder who is suffering from oppression at the hands of majority shareholder(s) of a close corporation (i.e. less than 25 shareholders). New Jersey’s minority shareholder statute provides a panoply of possible relief to remedy such problems including an award […]

New NJ Law Prohibits Certain Waiver and Nondisclosure Provisions in Employment Contracts and Settlement Agreements

On March 19, 2019

On Monday, March 18, 2019, Governor Murphy signed into law PL2019 Ch 39 prohibiting certain wavier and nondisclosure provisions in employment contracts and settlement agreements. The law prohibits the waiver of any “substantive or procedural right or remedy relating to a claim of discrimination retaliation or harassment.” If an agreement contains such a clause that […]

New Jersey Courts Continue Trend of Invalidating Arbitration Agreements

On October 31, 2018

On October 17, 2018 the Appellate Division decided Flanzman v. Jenny Craig. With its opinion in Flanzman the Appellate Division has continued the recent trend in New Jersey Courts of invalidating arbitration agreements. The Plaintiff had been employed by Jenney Craig for 26 years. At some time during her employment she was required to sign […]

New Jersey’s Business Court Continues to Evolve with Its Own Court Rules

On October 17, 2018

In 2015 our New Jersey Supreme Court created a new path for business disputes and commercial litigation. The Complex Business Litigation Program (CBLP) was instituted throughout the trial division of the court system. The CBLP required each county to appoint a “business judge” to supervise, manage and adjudicate commercial and business cases, as well as […]

New Jersey Supreme Court Sets Higher Standards For Expert Opinions

On August 15, 2018

On August 1, 2018 in an important decision on the scope of expert opinions, the New Jersey Supreme Court excluded plaintiff’s expert testimony in a mass tort case alleging that the pharmaceutical giant Hoffmann-La Roche’s anti-acne drug Accutane led to development of Crohn’s disease. The case is entitled: In Re: Accutane Litigation. The unanimous ruling […]

Supreme Court Decides That States May Now Tax Online Sales

On June 21, 2018

Today, the United States Supreme Court in South Dakota v. Wayfair, Inc., decided that a state may require an out-of-state seller with no physical presence in that state to collect and remit sales tax. In doing so, the Court overruled fifty years of precedent. In the past, the Court held liability to collect and remit […]

Insurance Awareness: Every Company Needs to Know What It Is Insured For

On June 4, 2018

Business insurance is an integral part of any game plan for a company’s success. It helps to limit financial liabilities such as lengthy and costly litigations, and also provides avenues for recovery in the event of an unforeseen property loss. However, business insurance will only work if it is properly designed, effectively implemented and constantly […]

Arbitration May Be Required in Auto Service Contracts or Extended Warranty Agreements

On May 31, 2018

Recently, the New Jersey Appellate Court has upheld as valid an arbitration provision in an automobile service contract case which emanated from Burlington County, New Jersey. It involved a purchaser of a used Ford F-250, with a separate service contract from a warranty company from Pennsylvania covering repairs for 180 days or 7,500 miles (Signor […]

Supreme Court Decides Individualized Arbitration Enforceable

On May 22, 2018

Yesterday, the United States Supreme Court decided Epic System Corporation v. Lewis and two other companion cases Ernst & Young LLP, et al. v. Morris, et al. and National Labor Relations Board v. Murphy Oil USA, Inc. et. al. holding that contracts between an employer and an employee which provide for individualized arbitration proceedings are […]

Page 1 of 412 3 4