Bornsteinlawfirm

HOW BIG DOES THAT HOLE HAVE TO BE?

Governments enjoy a limited liability from liability for tortious conduct. Plaintiffs who allege injury arising from governmental action or inaction are provided with recourse pursuant to the Tort Claims Act. In a recent decision, Charney v. City of Wi... Read >

If You Are Acting As The Custodian Of A Minor's Property

If you are acting as the custodian of a minor's property, this may interest you. New Jersey enacted the Uniform Transfers to Minors Act as a convenient way to perfect gifts to minors without the complexity and expense of a formal trust arrangement. Un... Read >

If You Are Concerned About Paying Lawyers' Fees

If you are concerned about paying lawyers' fees, this may interest you. In most judicial proceedings, each party pays his own lawyer fees. But some years ago, the Rules of Court were changed to provide that a party can make a specific offer of sett... Read >

If Performance Of Your Contract Is Prevented

If performance of your contract is prevented, this may interest you. Many people have heard the phrase "Act of God". But the meaning of the phrase was the subject of review by the Appellate Division of the Superior Court of New Jersey in January of ... Read >

Parent's Rights In New Jersey

If you are a parent, this may interest you. Parents have broad rights in raising their infant children. But, of course, they are obligated to act in the child's best interests. The Supreme Court of New Jersey recently reviewed parental rights and o... Read >

If You Have Wondered Whether A Citizen Can Effectively Fight "City Hall"

If you have wondered whether a citizen can effectively fight "City Hall", this may interest you. Our judicial system was created to protect the rights of all individuals. But what happens when an individual disagrees with something that his local gover... Read >

If Your Experience With Insurance Has Not Been Pleasant

If your experience with insurance has not been pleasant, this may interest you. Many people are familiar with the Consumer Fraud Act (CFA) which, under certain circumstances, permits a successful plaintiff to recover three times his compensatory damage... Read >

If You Need Municipal Approval To Develop Your Property

If you need municipal approval to develop your property, this may interest you. Our judicial system was created to protect the rights of all individuals. In previous posts, we have referred to court decisions that disprove the old adage "You can't f... Read >

If You Have A Joint Bank Account

If you have a joint bank account, this may interest you. Many people have a joint bank account, since it offers obvious conveniences. Many joint depositors give little thought to how ownership of the joint account might be resolved at the death of one... Read >

If You Are Involved In A Lawsuit With Someone Who Has Insurance

If you are involved in a lawsuit with someone who has insurance, this may interest you. Policies of insurance provide that the insured is entitled to be indemnified and defended by his insurer. As a practical matter, when the insured is sued, the insu... Read >

The Rights Of Grandparents Under The GVS

If you are a grandparent, this may interest you. In matrimonial disputes, some spouses are tempted to use access to minor children as a bargaining wedge. Grandparents were in a particularly vulnerable position before the New Jersey Legislature address... Read >

If You Operate A Franchise

If you operate a franchise, this may interest you. Franchisees are sometimes at a disadvantage when disputes develop with their franchisors. New Jersey recognized this and enacted the New Jersey Franchise practice Act (NJFPA) years ago to protect fran... Read >

If You Are Involved In A Foreclosure

If you are involved in a foreclosure, this may interest you. When a borrower defaults on the obligation to repay a mortgage note, the lender can sue on the note. The lender can also foreclose on the mortgage given as collateral for the repayment of th... Read >

If You Are A Firefighter

If you are a firefighter, this may interest you. In 1960, New Jersey adopted the "Firefighters' Rule", which prevents a firefighter from suing a landowner or tenant in control of premises for negligence. The theory of the Rule was that no duty was owe... Read >

If You Are Contemplating The Purchase Of An Interest In A Franchise

If you are contemplating the purchase of an interest in a franchise, this may interest you. Those persons who purchase such interests in a franchised business are known as franchisees. Franchisees are sometimes at a disadvantage when disputes develop w... Read >