In this article I examine an unpublished case issued by the New Jersey Appellate Division in which the court affirmed a trial court’s decision to bar expert testimony in a legal malpractice case because the expert’s opinions were determined to be inadmissible net opinions.
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Revisiting the Net Opinion Rule to Bar Expert Witness Testimony
In this article I offer a brief summary of New Jersey law governing the termination of a minority shareholder’s employment in a closely held corporation. As the article explains, the minority shareholder’s employment and benefits are often valued higher than the stock interest.
Trusted advisors to business owners will often recommend a revocable living trust. But is this good advice?
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Revocable Living Trusts for the Business Owner
A law enacted in 2010 called the New Jersey Foreclosure Fairness Act (“NJFFA”), found in N.J.S.A. 2A:50-69 to -71, offers valuable protections to residential tenants living in foreclosed properties. Specifically, new owners of a property acquired through foreclosure are required to serve residential tenants with a detailed written notice informing them of their tenancy rights under New Jersey law and where to send future rent payments.
Also, the NJFFA obligates foreclosing lenders to comply with additional reporting requirements, such as serving the municipal clerk (where the foreclosed property is located) with written notice of the commencement of a foreclosure case, and reporting to the Department of Banking and Insurance on a quarterly basis about the number of foreclosure cases initiated by the lender.
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Tenant’s Rights Under New Jersey Foreclosure Fairness Act
In this particular article I discuss whether assets transferred between soon-to-be ex-spouses as part of a property settlement agreement in a New Jersey divorce case can be challenged by creditors.
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FRAUDULENT ASSET TRANSFERS IN NEW JERSEY MARITAL PROPERTY SETTLEMENT AGREEMENTS
In a July 31, 2014 unpublished decision, a Bergen County judge fined a mortgage lender $26,125 in legal fees for duping a 70-year old borrower into a refinance transaction that benefited only the lender. Finding that the lender committed an unconscionable commercial practice by charging the borrower over $11,000 in mortgage closing costs that would have taken her 5+ years to recoup based on the paltry savings of $63/month from her monthly mortgage payment, the Court chastised the lender for acting in its own self-interest.
A more detailed analysis about this case appears on our website blog:
