“Lawsuits are war. It’s as simple as that and they all begin the same way; a declaration of war: the complaint.” -John Grisham, A Civil Action. After the complaint, the war is waged through discovery until final judgment or settlement. Litigation attorneys are constantly strategizing, planning and calculating how to gain the competitive advantage. We are trained to wage these wars against our adversaries in a civil, professional manner. Sometimes civility and professionalism break down in the process. Regardless, during the lawsuit, one party may feel that the other party is not fighting fair by disobeying court orders. It is incumbent upon the aggrieved party to level the battlefield by forcing compliance with the court’s orders. This is especially true in the discovery context. This article details the usage of a Motion to Enforce Litigants Rights as a tool to keep you adversary honest.
Remodeling or adding to your home is often a necessary undertaking to stay current and accommodate a growing family. It is also a stressful and costly endeavor. During the process, homeowners struggle for months, if not years, over plans, drawings, finances, carpets vs. hardwood, paint color and especially, which contractor to trust with the job. These are just the initial stressors of the undertaking and can be the least of a homeowner’s problems if the wrong contractor is hired. Luckily, the New Jersey Consumer Fraud Act (“NJCFA”) applies to most “home improvement contracts” and can be useful tool in the event of unforeseen delays, defects, disagreements, or rising costs.
Are you wondering what effect a bankruptcy proceeding will have on your pending or potential lawsuit? This blog will explore how a bankruptcy proceeding will affect your claim against another individual or entity.
Including a Recent Appellate Division Case Litigated by Scura, Wigfield, Heyer, Stevens & Cammarota, LLP
The vast majority of lawsuits settle prior to trial. If every lawsuit that is filed went to trial, the court system would be hopelessly back logged. Therefore, from a public policy perspective, courts encourage settlement of litigation. Accordingly, once a settlement is entered into, the courts will strain to enforce that settlement agreement if disputes arise as to the scope and validity of the settlement.
For many people, being served with a lawsuit can be a jarring experience. You may think that your wages are going to be imminently garnished and that your bank accounts will be immediately levied. However, the legal system provides you with time to evaluate your options prior to creditors being able to resort to these collection methods.
The primary relief sought by plaintiffs in civil actions is money damages. Over the life of the lawsuit, the typical plaintiff fears a defendant will take actions which increase those damages, negatively impact plaintiff’s good will, or make it impossible for plaintiff to collect on any resulting award. In such situations, a plaintiff may apply for temporary restraints or a preliminary injunction to “stop the bleeding” and maintain the status quo while the lawsuit is pending.
For most nonresidential construction subcontractors, the risk of non-payment on a job is a threat that, if realized, can cease the day-to-day operations of the business. Non-payment usually stems from a dispute between the general contractor and the subcontractor regarding the quality of the work. If you are a subcontractor, this article will explain your rights to lien property in efforts to ensure compensation for the work you have performed. Please note, the contents of this article only apply to liens involving non-residential construction contracts.
Every state and region has their own land use and zoning rules and regulations that can make getting your project through the legal system. If regulatory hurdles are standing in the way of progress or the use of your own property, it may be time to consult with a firm that is seasoned in both the legal issues as well as business litigation if needed. The right attorney can provide the seasoned legal advocacy to remove those barriers and keep projects moving.
Sexual harassment on the job in New Jersey or elsewhere may fall under one of the following categories:
Standing Up to Insurance Companies in Coverage Disputes
You can pay your premiums on time for years, but when you actually bring a claim under your policy, the insurance company suddenly acts like it doesn't know you. You get the runaround or your claim is simply rejected. Or perhaps worse, they sweet-talk you into settling for much less than your claim is worth.