Business Litigation

In several civil lawsuits (not bankruptcy proceedings) in which this author represented the creditor, the debtor -- usually without its attorney's involvement -- has tendered to the creditor a check, in the amount of only a portion of the debt owed, marked "payment in full," "paid in full," "full payment," or the like. In such a scenario, the creditor typically asks this author:…Read More

In February 2012, the New York Court of Appeals — New York State’s court of last resort — held that where individuals, with an intent to blackmail or extort from a wrongdoer, truthfully report, to governmental officials, wrongdoing that is of public interest, no absolute privilege shields those individuals from liability to the wrongdoer for prima facie tort and tortious interference with prospective contractual rights.…Read More

In New Jersey, the rate of interest upon the loan or forbearance of any money, wares, merchandise, goods or chattels may not exceed 6% per year, or when there is a written contract specifying a rate of interest, 16% per year.  N.J.S.A. § 31:1-1. That is, in New Jersey, when the agreement is oral, charging interest of more than 6% per year is civil…Read More

Last month, in Allen v. V & A Brothers, Inc., No. A-30 Sept. Term 2010, 066568 (N.J. July 7, 2011), the New Jersey Supreme Court, New Jersey's court of last resort, modifying and affirming in pertinent part the judgment of New Jersey's Appellate Division, held that when a company violates regulations issued under the New Jersey Consumer Fraud Act, N.J.S.A. §§ 56:8-1 - 56:8-184…Read More

On June 1, 2011, in Voss v. Tranquilino, No. A-110-09 (N.J. June 1, 2011), the New Jersey Supreme Court, affirming the judgment of New Jersey's Appellate Division, held, in a per curiam opinion from which two Justices dissented, that a driver of a motor vehicle who is convicted of, or pleads guilty to, driving while intoxicated ("DWI"), N.J.S.A. § 39:4-50(a), may recover damages under the New…Read More

A corporate or individual litigant is usually responsible for the payment of its own attorneys’ fees and costs in a lawsuit in the New York courts. Manhattan, NYC follows the so-called “American Rule” that a litigant is “not . . . allow[ed] . . . to recover damages for the amounts expended in the successful prosecution or defense of its rights.” Mighty Midgets,…Read More

In general, no. In the courts of the State of New York, adult individuals may prosecute or defend a civil action in person, but a corporation or association may do so only through an attorney. N.Y. C.P.L.R. 321(a). So, too, a limited liability company must appear in a lawsuit by an attorney. However, New York’s First Department and the Second Department each have held that an individual…Read More

New Jersey's entire controversy doctrine generally requires that a defendant assert in the same lawsuit any claims arising out of the same transaction or occurrence that is the subject of an adversary's lawsuit.  If a defendant fails to assert related counterclaims in an adversary's lawsuit, the defendant's inaction "shall result in the preclusion of the omitted claims."  N.J. Ct. R.…Read More

In general, a business in Manhattan, NYC may lawfully refuse to provide service to a particular individual for any reason or no reason, as long as the business does not refuse service because the individual belongs to a member of a class protected by statute. Classes protected under the New York State Human Rights Law include any person’s race, creed, color, national origin,…Read More

If a company in Manhattan, NYC receives a subpoena demanding documents — also known as a “subpoena duces tecum” — in a lawsuit to which the company is not a party, the company should, among other actions: determine whether the subpoena was properly served on it; serve objection(s) within 20 days of receipt of the subpoena, unless a written stipulation is obtained extending the time to…Read More