Business | Respond Law

Who Decides Arbitrability, the Arbitrator or the Court? A Domino’s Pizza Driver is Asking the Supreme Court for Clarification

On December 6, 2020

Arbitrability is whether or not a dispute should be resolved in a Court of Law, or by an Arbitrator. But why is it important who makes the decision of arbitrability? Some attorneys believe that an Arbitrator is more likely to decide in favor of Arbitrability rather than a Judge. Whether or not this belief is […]

Contracts, Coronavirus, and Force Majeure – Can Contract Performance be Excused?

On March 23, 2020

Coronavirus and the governmental response to the pandemic will certainly result in the nonperformance of business contracts. Is there any relief from such a breach of contract? What is Force Majeure? Some contracts in themselves contain a Force Majeure (French for “superior force”) clause which may excuse nonperformance of a contract. A Force Majeure clause […]

Don’t Be Fooled When Filing Your NJ Annual Reports

On February 19, 2020

A New Jersey Annual Report is a yearly document that nonprofit and profit-based corporations must file. In addition, Limited Liability Companies (LLCs) and Limited Liability Partnerships (LLPs) must file the same report. The content of the report outlines the status of an organization. The main reason for filing annual reports for your company is to […]

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 […]

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