Law Blog
Is an Insurer’s Refusal to Consent to a Declaratory Judgment Sufficient for a Court to Find a Gross Disregard for an Insured’s Interests?
May an insurer reject a demand that would make its contribution to a settlement contingent upon the outcome of a suit to establish the limits of liability under the policy? In Greenridge v. Allstate, the United States District Court for the Southern District of New...
May Debt Collectors Contact People by Phone Who Are Not in Debt?
The Telephone Consumer Protection Act (“TCPA”) governs the conduct of telemarketing services and other companies that use telephone solicitation during the course of their business. A number of lawsuits have raised the question of whether debt collectors should be...
When May the Landlord of a Strip Mall Be Covered Under the Mall’s Tenants’ Insurance Policy?
If a person slips in the icy parking lot of a strip mall, may the landlord be indemnified by one of the tenants’ insurance policies? In a recent decision, the Appellate Division of the Superior Court of New Jersey attempted to clarify that question. Cambria v. Two JFK...
What Is Sufficient Evidence to Prove the Existence of a Partnership or LLC?
In order for a court to determine that a defendant is in civil contempt, it must first determine that the defendant actually exists. In a recent decision, the United States District Court for the Southern District of New York considered what evidence would be...
How Far Does the Jurisdiction of the New York Franchise Act Reach?
Courts have traditionally interpreted a wide-ranging jurisdiction for the New York Franchise Sales Act (“NYSFA”). New York-based franchisors that offer and sell franchises anywhere in the world from their New York offices are required to comply with the statute’s...
Does the New York Prompt Pay Law Allow for a Private Right of Action?
In January 2010, the New York legislature enacted Insurance Law § 3224(a) (“Prompt Pay Law”) to ensure that insurance companies paid their claims in a timely fashion. However, it was not clear whether the statute granted a party a private right of action. In a recent...
When is a Former Employer Guilty of Improper Solicitation?
What constitutes improper solicitation of a customer of a former employer? That was the question before the New York Court of Appeals in a 2011 case. Bessemer Trust Co., N.A. v. Branin, 2011 NY Slip Op 3307 (2011). The plaintiff,...
Do the 2257 Record-keeping Requirements Violate the First Amendment?
The requirements of 18 U.S.C. §2257 (“2257”) impose certain record-keeping obligations on the producers of sexually explicit material. The constitutionality of the statute has been challenged in recent years, but courts have usually indicated that 2257 is...
When Does An Athlete Assume the Risk of Injury?
Better equipment, more health-conscious athletes and upgrades in technology have led many to believe that sports are safer today than in the past. But to what degree do athletes assume the risk of injury when they engage in sporting events? That was the question...
What Are the Benefits of Drafting An Indemnification Clause In A Construction Contract?
May contractors limit their responsibility for paying another party’s legal fees in situations where that other party’s fault precipitates the cause of action? Recent court decisions suggest that, if the contractor has a narrow indemnification clause in his contract,...
What Types of “Housing-Related Disputes” Are Subject to Mandatory Alternate Dispute Resolution?
Under New Jersey’s Condominium Act, housing-related disputes are required to be settled via arbitration or a similar method of alternative dispute resolution (“ADR”). In a recent decision, the Appellate Division of the Superior Court of New Jersey clarified the types...
Fourth Amendment Protection in the world of Smart Phones: Are we compromising our expectations of privacy?
With the advent of wireless technology, there have been growing concerns about the protection of individual privacy against arbitrary intrusion by government agents. While cell phones help us stay in touch with the important people in our lives, the technology also...
How Does 2257 Apply To Live Web Cam Chats?
As the adult entertainment industry increases its presence on the web and adult sites enable users to interact by video with performers, it is important to keep in mind that 18 USC §2257 (“2257”) could reach certain aspects of such services. One example of this is the...
When Does a Landlord’s Flat Legal Fee Violate the New Jersey Consumer Fraud Act?
May a landlord charge a tenant a fixed rate each time the landlord has to consult its lawyers for matters related to a lease agreement, even if that fixed rate is higher than the costs the landlord actually incurs?The Appellate Division of the Superior Court of New...
When Someone Is Charged With Tax Evasion, Can the Jury Consider the Defendant’s Previous Noncompliance With the IRS?
The answer is yes. Defendant’s prior non-compliance with federal tax laws can be used to prove the defendant’s intent to commit the crime charged.This was addressed in a case heard in the United States Court of Appeals for the Third Circuit. US v. Daraio, 445 F. 3d...
What Are the Limits of the Fiduciary Duty Owed by the Members of an LLC to One Another?
Recently, the Appellate Division of New York, revived a lawsuit over the fiduciary duty owed by members of a limited liability company (“LLC”) to one another in a real estate deal. Fiduciary duty means the duty of trust that one person owes another. In that case,...
Electronic Service of Process: Are Social Networking Sites replacing the Traditional Methods of providing notice of a Lawsuit?
With the advent of technology and massive use of social networking forums, it is only a matter of time before electronic service of process starts replacing the traditional methods of service of process.Recently, a Judge in Minnesota was faced with the challenge of...
California Reader Privacy Law: A Privacy Key for the Digital Age
With the increasing use of digital books and online services to browse, read and buy books, it has become essential to have state laws that safeguard readers. Digital books now outsell paperbacks, and the popularity of e-readers in constantly growing.The digital book...