Blog & News

It sometimes happens, within the narrow confines of a specialty such as eminent domain that even more narrow and esoteric issues become manifest. ...More

Governor-elect Phil Murphy has named David McPherson to serve on his transition Housing Committee. Dave's legal activities have focused on real estate development, utility and environmental law practice. ...More

On the surface it may seem like a great idea for a property owner to make a few dollars renting out a house or apartment while out of town. Some property owners have even purchased properties as an investment specifically to rent them out on the short term online marketplace AirBNB. ...More

Let's begin with a simple and obvious reality-the vast majority of taxpayers who seek the advice of real estate tax professionals do so because they are unhappy with the assessed value of their property, the tax burden levied on the property, or both. However, lately, a new concern is becoming more and more prevalent among taxpayers and in particular, those who own investment-class properties. This concern is New Jersey's so-called "Mansion Tax". ...More

If you are an owner or developer of a private construction project, the New Jersey Prompt Payment Statute, N.J.S.A. 2A:30A-1, may impose obligations on you not set forth in your contract with your general, or prime contractor. It may indeed be a trap for the unwary. ...More

Our partner, Robert Cavanaugh, is on the advisory Board for New Jersey City University's new Logistics Center (the "Center") in Jersey City which is part of the University's Business School. Here is his "take" on why this is an opportunity for anyone with an interest in commercial warehouse development. ...More

John's June 18th presentation focused on the role of the governors of New Jersey with the Justices of the New Jersey Supreme Court with special emphasis on the creation of the modern New Jersey Supreme Court in the 1947 Constitution and the issues concerning judicial independence. ...More

On April 1, 2014, our firm's Counsel, John Wefing, spoke at St. Peter's University -- the most well attended Continuing Legal Education program ever at St. Peter's. John also is a Distinguished Professor of New Jersey Law and History at Seton Hall Law School. ...More

In a recent unreported case entitled Etelson v. Shore Club Sourth Urban Renewal, L.L.C., (Docket No. A-0570-11T4 - Decided March 10, 2014), the Appellate Division ruled on issues involving the state Consumer Fraud Act ("CFA") and the state Planned Real Estate Development Full Disclosure Act ("PREDFDA"). PREDFDA is the statute which requires the developer of most condominium developments to register with the Department of Community Affairs ("DCA") and to provide extensive disclosure to prospective purchasers in the form of a Public Offering Statement ("POS"). ...More

Lubik v. Harleysville Ins. Co. of N.J., A-1120-12T2, 2014 WL 740087 (N.J. Super. Ct. App. Div.) The New Jersey Appellate Division recently affirmed a trial court's denial of water damage claim under a condominium unit-owner's dwelling policy that expressly included water damage coverage, through a misinterpretation of an exclusionary subsection of the policy, negating one of the essential insured considerations - coverage of water damages. ...More

There's a curious subtext to the recent New Jersey Supreme Court insurance coverage opinion in Farmers Mut. Fire Ins. Co. of Salem v. N.J. Property-Liability Ins. Guar. Ass'n, 215 N.J. 522 (2013), decided September 24, 2013, related to the presence of several amicus curiae that seem to be the real parties in interest. ...More

Insurance law usually arises out of litigation between insureds and their insurance carriers, but twice within the space of a few weeks this past term, the New Jersey Supreme Court issued insurance coverage opinions that have significant impacts on insureds, in a case without an insured's participation. Farmers Mutual, the latest N.J. Supreme Court insurance coverage case without an insured party, resolves the question of whether, or when, the insurance allocation "shares" of an insolvent carrier may be assigned to the State's Guaranty Fund under the Supreme Court's Owens-Illinois/Carter-Wallace insurance policy allocation methodologies developed in prior cases of those names. ...More

Effective March 18, 2013, after almost twenty years on the books, the New Jersey Limited Liability Company Act (the "Old Act") was repealed and replaced in whole with the "Revised Uniform Limited Liability Company Act" (the "Revised Act"). ...More

Residential mortgagees state-wide could be heard to breathe a sigh of relief upon the announcement of the Appellate Division's decision in Deutsche Bank National Trust Co. v. Russo 429 N.J. Super. 91 (App.Div. 2012). ...More

The New Jersey Supreme Court determined that insurance carriers who fund and control the defense of a claim have a direct right to seek contribution against other insurance carriers who disclaim and decline to participate in the defense of a common insured. ...More

The State, County and municipal governments are hardly on the same page when it comes to their pay-to-play regulations. They do agree that a "business entity" should be precluded from obtaining a government contract if that entity has given a contribution to a candidate for elective-office or elective-office holder within a certain time period in certain instances. ...More

On June 28, 2013, this article discussed a recent case argued before the Supreme Court of New Jersey, Borough of Harvey Cedars v. Karan. That case involves what evidence may be considered by a jury when calculating the damages to the remainder in a partial taking. ...More

Underinsured/Uninsured Motorist Insurance Coverage is one of the most important types of coverage in an auto policy. Besides basic coverage, all auto policies are required by New Jersey law to have underinsured/uninsured motorist coverage in the minimum amount of $15,000 per person/$30,000 per accident. ...More

In the 2012-2013 Court Term, the Supreme Court of New Jersey considered three cases, each involving issues relating to the exercise of eminent domain. The decisions in these cases will have impacts on the right to utilize condemnation and the relevant issues to be decided when setting the just compensation purchase price. ...More

The New Jersey Construction Lien Law (CLL) was last amended in 2011. Like many multi-faceted legislative schemes, it has several ambiguities, and procedural quirks that must be avoided to enforce the rights of the unpaid contractors, or those of a project owner faced with claims of unpaid contractors or material suppliers. ...More

The State Supreme Court recently decided a major case regarding connection fees for wastewater treatment plants and collection systems: 612 Associates v. North Hudson Sewerage Authority. ...More