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Articles: 1-10 of 56

Take It Outside: Club Not Responsible For Injuries When Fight Spilled Into Parking Lot

USA - August 16 2017 You don't need to be James Dalton to know that bar fights are scary. (If you don't know who James Dalton is, however, you do need to go watch Road…

Setting Priorities: When You Refinance A First Mortgage, Is It Still A FIRST Mortgage?

USA - August 8 2017 It is a question I have been asked a number of times over the past few years: If a lender refinances an existing mortgage, does the new lender step…

Law And The Simpsons, Lesson One: Trampolines = Potential Lawsuits

USA - August 4 2017 I know trampolines are fun, but everyone should know, thanks to The Simpsons, that they are a recipe for (legal) disaster: Apparently some people…

NJ Supreme Court: If Borrower Abides By Terms Of Settlement Agreement, Lender Must Modify Mortgage

USA - August 1 2017 Lawsuits arising out of foreclosures and mortgage modifications are common. (Even more common than lawsuits about gyms or health clubs if you can…

NJ Court: Agreement To Arbitrate "Any Claims" Does Not Include Agreement To Arbitrate Statutory Claims

USA - July 26 2017 In recent months I have written several times about the difficulty of enforcing arbitration agreements in New Jersey (e.g., here, here, and here)…

Transfer Made On The Morning Of Sheriff's Sale, For The Purpose Of Delaying The Sheriff's Sale, Deemed Fraudulent

USA - July 24 2017 In Perry Street, defendants were a limited liability corporation and the sole member of that corporation. The corporate defendant owned property in…

Another Day, Another Lawsuit About Injuries Suffered At A Gym (Another Reason For Me Not To Go To The Gym)

USA - July 14 2017 I have written about the enforceability of waivers in health club membership agreements before, including just last week. Now the Appellate Decision…

Let Sleeping Dogs Lie . . . Just Not In A Hallway Where They Might Create A Dangerous Condition?

USA - July 7 2017 When is a sleeping dog a dangerous condition? This is the burning question that the Appellate Division answered in Parella v. Compeau. In Parella…

Exception To The Rule: Ambulance Service Providers Are "Learned Professionals" And Not Subject To New Jersey's Consumer Fraud Act

USA - July 5 2017 New Jersey's Consumer Fraud Act ("CFA") is generally recognized as one of the strongest consumer protection laws in the country. It prohibits "any…

Waiver In Gym Membership Agreement Not Too Broad And Not Barred By TCCWNA

USA - June 23 2017 Gym memberships are notoriously difficult to cancel. As a result, there is a fair amount of litigation over the cancellation, or attempted…