by Marvin Schuldiner | Jun 21, 2016 | Commercial Mediation, Lawsuits
In December, I wrote about a case where a person was fired presumably because he was getting divorced and having an affair with a co-worker. The plaintiff sued under the NJ Law Against Discrimination (LAD), his case was dismissed by the trial court and reverse on...
by Marvin Schuldiner | Jun 15, 2016 | Lawsuits
Today, the New Jersey Supreme Court Issued a decision in Rodriguez v. Raymours Furniture Company, Inc. This is a case of first impression and answers the question whether an employer can contractually limit the filing period for a claim under NJ’s Law Against...
by Marvin Schuldiner | Jun 14, 2016 | Arbitration
A number of arbitration-related cases have been decided so far this month in the NJ Court system and there is a theme to all of them: whether an arbitration clause in a contract can compel arbitration. Arbitration is where an arbitrator acts as a private judge for...
by Marvin Schuldiner | Apr 28, 2016 | Commercial Mediation, Lawsuits
Traditionally, the “American Rule” has prevailed in New Jersey, meaning each side pays their own legal fees in a lawsuit. (This is contrasted with the “British Rule” where the loser of the litigation pays all fees.) There are public policy...
by Marvin Schuldiner | Apr 20, 2016 | Commercial Mediation, Lawsuits
I mediate many NJ Consumer Fraud Act cases. The state passed the original law in 1960 “‘to combat the increasingly widespread practice of defrauding the consumer” and added a private cause of action in 1971. (A private cause of action means that an...
