Category: Litigation

GOVERNMENT CAN LOSE EVIDENCE WITHOUT REPERCUSSION

  • By Marc S. Berman

New Jersey’s Attorney General, specifically the Division of Criminal Justice, has been a bit careless it seems. The state body in charge of criminal prosecutions has lost records that it seized during an investigation in 1985. A company sued for the records (or damages resulting from the loss of the records) because it wanted them Read More


BANKS CAN’T FORECLOSE WITHOUT MORTGAGE IN HAND

  • By Marc S. Berman

An appellate New Jersey court ruled recently that any lender trying to foreclose on real estate must prove possession of the mortgage note.  In fact, the lender has to prove possession before it is even allowed to file a complaint. If there is no mortgage note, then the lender lacks what is called “standing.” Standing Read More


DOOR-TO-DOOR SALESMEN LOSE

  • By Marc S. Berman

Have you ever regretted buying something from someone selling door-to-door? Chances are that either you have or know someone who has. Good news if you make that mistake in New Jersey: buyers can cancel a contract that they signed with a door-to-door salesman over the phone, provided that the contract doesn’t prescribe a method. The Read More


DR. OZ’S ANGRY NEIGHBOR

  • By Marc S. Berman

Mehmet Oz, the famous surgeon and host of the daytime television program “The Dr. Oz Show,” is having some trouble with one of his neighbors. Angelo Bisceglie, the doctor’s fellow resident of Cliffside Park, is peeved at Dr. Oz’s supposed affinity for disregarding town ordinances. Mr. Bisceglie is suing the doctor for planting 40-foot pine Read More


UNINSURED CAR OWNER CAN’T SUE EVEN WHEN INJURED AS PASSENGER

  • By Marc S. Berman

The New Jersey  Supreme Court recently ruled that a New Jersey  law that bans lawsuits by uninsured drivers also bars suits by uninsured car owners who are injured while riding as  passengers their own cars. The Court stated that to allow someone to recover as a passenger, but not as a driver, would be very Read More