New Jersey Law Journal | Analysis
By Michael F. McKenna and Timothy R. Ryan | October 18, 2019
Attorneys frequently fail to grasp that liquidated damages clauses will be held to violate public policy, and will not be enforced, if they have the effect of punishing a party as opposed to representing actual damages.
New Jersey Law Journal | Analysis
By Christopher Block and Paul Lanza | October 18, 2019
A litigator in a professional liability matter should always consider the importance of expert testimony to establish a duty of care and the pitfalls that may exist if an expert report is not produced.
New Jersey Law Journal | Analysis
By Michael Ostrowsky and Eli Tarlow | October 17, 2019
It is important for both borrowers and lenders to follow the continuing development of the regulatory framework for "high volatility commercial real estate" loans.
New Jersey Law Journal | Analysis
By John M. Marmora | October 17, 2019
Just as a mortgagee is barred from extracting a purchase option from the mortgagor as part of the initial financing transaction, so too is the mortgagor's guarantor.
New Jersey Law Journal | Analysis
By Michael K. Furey | October 17, 2019
It will come as no surprise to anyone who defends attorneys accused of malpractice that the Affidavit of Merit system is not working, at least as applied to the legal profession.
New Jersey Law Journal | Analysis
By David Gialanella | October 16, 2019
Membership at the state and federal bar groups in New Jersey has increased over the past decade, but has been essentially flat in the last few years. Leaders, meanwhile, are focusing on the member experience as they look to the future.
New Jersey Law Journal | Analysis
By Irina B. Elgart | October 16, 2019
To be effective, any future changes to state affordable housing policy must be accompanied by an effort to create a comprehensive regulatory scheme that includes contributions from and collaboration with the legislature and state agencies.
New Jersey Law Journal | Analysis
By Steven A. Meyerowitz | October 11, 2019
A New Jersey federal court has granted summary judgment in favor of an insurer, holding that an insured's lawsuit seeking coverage of its claim for damage caused by Superstorm Sandy was untimely.
New Jersey Law Journal | Analysis
By David E. Sellinger and Theodore J. McEvoy | October 10, 2019
The U.S. Supreme Court decision that was expected to resolve the appropriateness of cy pres-only class action settlements, 'Frank v. Gaos,' did not turn out the way most observers (including the Third Circuit) anticipated.
The Legal Intelligencer | Analysis
By Max Mitchell | October 9, 2019
Attorneys who focus on products liability in Pennsylvania said Tuesday's verdict is "impressive" and "staggering," but added that 25-year-old U.S. Supreme Court case law all but ensures the award will be reduced on appeal.
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