Law Blog
When is it Appropriate to Use an Indemnification Provision in Selling a Business?
Most people selling their business are unaware (at lease at the outset) that the contract of sale normally includes some sort of indemnification language. There are many variations, but in the typical case, this means that the seller agrees to hold the buyer harmless...
Is a NJ Franchisee Normally Entitled to Reimbursement of its Attorneys Fees When it Sues a Franchisor?
No one enters into a franchise assuming that someday, they will need to file a lawsuit to enforce their rights. Unfortunately, however, sometimes that need does arise. The first and foremost question at that point, from the franchisee’s perspective, is can I receive...
What is the Definition of a Franchisee under the NJ Franchise Practices Act?
In Liberty Sales Associates, Inc. v. Dow Corning Corporation, 816 F. Supp. 1004 (D.N.J. 1993), the court reconsidered its previous decision dismissing Liberty Sales Associates, Inc.’s (“Liberty”) claim for wrongful termination under the New Jersey Franchise Practices...
Is Injunctive Relief Available to Enforce the NJ Franchise Practices Act?
Under the New Jersey Franchise Practices Act (“Act”), N.J.S.A. 56:10-1 et seq., a franchisor cannot terminate a franchise without good cause. Specifically, the Act states “it shall be a violation of this act for a franchisor to terminate, cancel or fail to...
Does a non-profit advocating for animal rights have standing to sue New York for violation of animal rights laws?
In 2009, Judge Shafer of the Supreme Court, New York County ruled in favor of the non-profit corporation, Stray from the Heart, Inc. (“Stray”), in its Article 78 application – an action brought to challenge the activities of an administrative agency in court – to...
What is the current legal status of Europe’s “right to be forgotten” doctrine as it relates to Internet Defamation?
A Spanish court recently asked Internet-search provider Google to remove data about a private individual from its index. Spain and other members of the European Union made this request under a doctrine that is commonly referred to in Europe as “the right to be...
May statements made in the course of an ongoing fraud investigation be defamatory?
On April 7, 2011, the First Department of New York’s Appellate Division upheld a trial court’s dismissal of a lawsuit for defamation. Akpinar v. Moran, 2011 WL 1311902 (1st Dept. 2011). The plaintiff, Reverend Dr. Bill Akpinar, sued attorney William Moran;...
Is it illegal for a debt collector to attempt to collect a debt that is no longer valid and enforceable as a matter of law?
On April 11, 2011, the United States Court of Appeals for the Third Circuit affirmed the decision of the District Court dismissing a consumer’s claims against his debtors. Huertas v. Galaxy Asset Management, LLC, No. 10-2532, CITATION.Consumer Hector Huertas...
Is the anti-retaliation provision of the Fair Labor Standards Act limited to complaints that are in writing?
In Kasten v. Saint-Gobain Performance Plastics Corp. the United States Supreme Court was asked to decide whether an employee’s oral complaints triggered the anti-retaliation protections of the Fair Labor Standards Act (the “Act”), which sets forth employment rules...
Does the anti-retaliation provision of New York City’s Human Rights Law protect employees who suffer retaliation for opposing discrimination against other employees?
On March 31, 2011, the New York Court of Appeals upheld a jury’s verdict in favor of two New York City police officers that claimed they were subject to retaliation for opposing discrimination against a third officer on the basis of that third officer’s perceived...
Is the State of New York’s tax on Internet transactions constitutional?
In 2008, the legislature of New York State amended its Tax Law to require out-of-state sellers to pay state taxes if they use New York residents to solicit business from other New York residents through a web site. Under New York’s Tax Law (the “Tax Law”) an...
May an employer be sued for denying an employee leave under the Family Medical Leave Act?
The United States Court of Appeals for the Third Circuit recently affirmed in part and reversed in part the decision of the United States District Court for the Middle District of Pennsylvania. Erdman v. Nationwide Ins. Co., No. 07-3796, 582 F.3d 500 (3d Cir. 2009)....
May a court stop someone from starting a new job when they are accused of stealing trade secrets from their old job?
The United States Court of Appeals for the Third Circuit was recently asked to prevent an individual from starting a new job after he was accused of stealing trade secrets from his old job. Bimbo Bakeries USA, Inc. v. Botticella, No. 10-1510, 613 F.3d 102 (3d Cir....
Does the First Amendment protect the speech of church members protesting the funeral of an American serviceman?
In a decision on March 2, 2011, the United States Supreme Court held that a protest by church members at the funeral of an American serviceman was speech protected by the First Amendment. Snyder v. Phelps, No. 09-751, 2011 WL 709517 (2011). Marine Lance Corporal...
Does a local ordinance prohibiting the display of inflated signs violate the First Amendment?
The Supreme Court of New Jersey was asked to determine whether a Lawrence Township ordinance prohibiting the display of balloons or inflated signs – except in very limited circumstances – violated the free speech clause of the First Amendment. State v. DeAngelo, 197...
New Jersey passes new regulations for employees who punch time clocks at work.
Updated: May 9th, 2024 In late 2010, the New Jersey Legislature enacted a regulation for use of time clocks and “rounding” of hours worked by employees. N.J.A.C. 12:56-5.8. “Rounding” is the practice of recording employees’ starting and stopping times to the nearest...
Can a consumer sue under the Fair Debt Collection Practices Act for debt collection letters sent to her attorney?
Recently, a Federal District Court for the District of New Jersey ruled that a letter from a debt collector to a consumer’s attorney is a communication that is subject to the Fair Debt Collection Practices Act (FDCPA). Allen v. LaSalle Bank, N.A., No. 09-1466,...
Can a lawyer speaking for a client sue when a newspaper misquotes what she says?
Recently, an appellate court in Texas refused to deem a lawyer representing a native American tribe a “public figure” for purposes of a libel lawsuit. A newspaper article covering an increasingly public controversy within the Kickapoo Indian Tribe stated that the...