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New Jersey Business Litigation Questions & Legal Answers
Do you have any New Jersey Business Litigation questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 23 previously answered New Jersey Business Litigation questions.
Answered 8 years and 11 months ago by Edward Jay Zohn (Unclaimed Profile) |
1 Answer
| Legal Topics: Business Litigation
Proof of service should have been part of the plaintiff's original default request. Improper service can beat a default request.
Regards, Edward Zohn, Attorney at Law.
908.791.0312
Proof of service should have been part of the plaintiff's original default request. Improper service can beat a default request.
Regards, Edward... Read More
Sellers are not generally allowed to enforce specific performance, because they can be make whole by monetary damages. Only buyers can generally enforce specific performance.
Edward Zohn, Attorney at Law
908.791.0312, ezohn@zohnlaw.com
Sellers are not generally allowed to enforce specific performance, because they can be make whole by monetary damages. Only buyers can generally... Read More
You can sue your ex-partner for any money you have to pay, but if you never notified this creditor that you were cancelling the guarantee going forward, you may have to pay the creditor.
You can sue your ex-partner for any money you have to pay, but if you never notified this creditor that you were cancelling the guarantee going... Read More
Yes. To the extent that you might be restricted (for example, restrictions on revealing privileged information would remain in any defamation action you bring against the client), the same restrictions apply whether you represent yourself or are represented by another attorney. ... Read More
Yes. To the extent that you might be restricted (for example, restrictions on revealing privileged information would remain in any... Read More
You need to consult with an attorney regarding this situation. He needs to review the contract you signed to determine your rights and remedies. It may be possible to offset the electricity penalty against the amounts owed the seller. However, that cannot be determined without a comprehensive review of the agreement by an attorney. Get a lawyer now. You cannot get the answers to your questions from a computer -- you need a lawyer.... Read More
You need to consult with an attorney regarding this situation. He needs to review the contract you signed to determine your rights and remedies. It... Read More
You do not explain what you were doing on the ladder. If you were an employee, your remedies are limited to workers compensation. Moreover, the passage of time may have caused your claims to be barred by an applicable statute of limitations. See an attorney.
You do not explain what you were doing on the ladder. If you were an employee, your remedies are limited to workers compensation. Moreover, the... Read More
As a general matter, the court's order must be complied with. However, you should obviously give consideration to the costs of enforcing the order and the likelihood that the buyout offer may exceed the likely sales proceeds.
As a general matter, the court's order must be complied with. However, you should obviously give consideration to the costs of enforcing the order... Read More
Your inquiry does not provide nearly enough information for someone to offer you a helpful suggestion. If the "wrongful attempt to prosecute" involves a criminal proceeding, then you need to be represented by criminal defense counsel immediately. Your attorney can advise you regarding whether, and to what extent, you can use the legal system to "clear your name." Such legal proceedings very rarely succeed. See an attorney.... Read More
Your inquiry does not provide nearly enough information for someone to offer you a helpful suggestion. If the "wrongful attempt to prosecute"... Read More
Your post fails to explain anything that your treating physician and hospital did that was wrong. Specifically, in order to prevail in a medical malpractice claim, you must prove something more than that your treatment did not work out properly or that some untreated condition persists. Rather, you must prove, by expert testimony, that the treatment departed from the applicable standard of care. You don't explain what that standard is and what the departure was.
More importantly, although it may seem unseemly, it will be nearly impossible to attract the services of a first-class personal injury attorney to take on this claim. This is so because the damages you have suffered are measured primarily in terms of some discomfort and inconvenience, rather than protracted loss of function, disfigurement, loss of income or loss of the enjoyment of life. For that reason, the monetary damages recoverable for this kind of negligence -- assuming that your treating physician and hospital were negligent -- are small. Most attorneys will not take on a matter like this on a contingent-fee basis.
... Read More
Your post fails to explain anything that your treating physician and hospital did that was wrong. Specifically, in order to prevail in a medical... Read More
The lease is a contract, and you are bound by it -- that means that your security deposit acts as security for all obligations under the lease until after the lease term ends. Only at that point is your compliance with the lease determined and a refund, if you are entitled to one, is made. Your failure to pay rent on a timely basis will be a breach of the lease. The omission of the name of the bank where the security deposit resides is immaterial.... Read More
The lease is a contract, and you are bound by it -- that means that your security deposit acts as security for all obligations under the lease until... Read More
Generally speaking, a neighbor is not liable for damage caused by overhanging branches. You had the right to cut those branches down to the extent that they encroached on your property but failed to do so. Your own insurance company should compensate you for the damage to your home.
Generally speaking, a neighbor is not liable for damage caused by overhanging branches. You had the right to cut those branches down to the extent... Read More
It is not clear what, exactly, happened that you complain about. As a general matter, statutes of limitations on defamation claims are short. You need to see an attorney immediately.
It is not clear what, exactly, happened that you complain about. As a general matter, statutes of limitations on defamation claims are short. You... Read More
Oral contracts are generally enforceable, as long as they can be proven. Sometimes the proof can be simply your word against his, or other times the contract can be proven through the conduct of the parties, or even by their partial performance of the contract. You need to consult with an attorney who practices civil litigation to assist you in analyzing this claim, the evidence to support it, and the likelihood of success.... Read More
Oral contracts are generally enforceable, as long as they can be proven. Sometimes the proof can be simply your word against his, or other times the... Read More
You assumed the risk that the part you provided would be defective -- with both of the mechanics. Their duty to you was limited to performing their services in a workmanlike way; they are not liable to you for replacement of your defective component.
You assumed the risk that the part you provided would be defective -- with both of the mechanics. Their duty to you was limited to performing their... Read More
Your inquiry is not clear. This is *your* attorney who wants to engage in discovery? You have the right to direct him not to take depositions. Depositions are unusual in arbitration anyway.
Your inquiry is not clear. This is *your* attorney who wants to engage in discovery? You have the right to direct him not to take depositions.... Read More
You have little or no standing to question the authority of an attorney who represents an adverse party. You assume, without necessarily having any foundation, that failure to probate a will defeats the other party's interests. There are legal theories that may treat the estate as having been settled even though it has not been. Your own attorney should be able to inform you about this.... Read More
You have little or no standing to question the authority of an attorney who represents an adverse party. You assume, without necessarily having any... Read More
Unfortunately, this forum cannot be used to render legal advice to you or to represent you in a dispute with the defaulting buyer of your store. You will need to consult an attorney in the state where the store is located.
Unfortunately, this forum cannot be used to render legal advice to you or to represent you in a dispute with the defaulting buyer of your store. You... Read More
It is not really clear what kind of case this is. As a general matter, if you are a member of the plaintiff "class," that means you are not a named plaintiff and that your remedy is either to (a) object to the proposed settlement, or (b) opt out of the settlement. Generally, if a named plaintiff is getting a better deal than the other members of the class, that is a very solid basis for objection. You will need to engage counsel to do this.... Read More
It is not really clear what kind of case this is. As a general matter, if you are a member of the plaintiff "class," that means you are not a named... Read More