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Price, Meese, Shulman & D’Arminio, P.C. Blog

Terence Steed focuses his practice on civil litigation, with a particular emphasis on franchise law and complex commercial litigation in state and federal courts.  He has extensive experience defending franchisees in litigation against franchisors, and represents clients in personal injury matters, municipal courts matters, landlord-tenant dis...putes, and criminal defense.  Since joining Price, Meese, Shulman & D’Arminio, Mr. Steed has expanded his practice into Business Entity Formation and Planning, Land Use, Zoning, Real Estate Development, and Environmental Law. More

Lemon Law for New and Used Cars

The following is a simple explanation of when the Lemon Laws apply, and a brief example of how our firm and this author resolved a dispute with a dealership.  The Lemon Laws are not intended to be complicated, but there are many steps that must be followed before filing a claim and it is not always easy for busy people to be sure they have correctly taken each step to protect themselves.  This article will explain how to determine if your car is a lemon under either New Jersey or New York law. 

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What is Required for an Award of Punitive Damages

The United States District Court for the District of New Jersey has been called upon three times in recent weeks to clarify what is required for a plaintiff to be awarded punitive damages. In each instance, District Judges reinforced that negligence, or even gross negligence, is not sufficient. Instead, under New Jersey law, there must be clear and convincing evidence of actual malice, or wanton and willful disregard of others. This requires an intentional wrongdoing, an evil-minded act, or a deliberate act or failure to act that creates a high probability that another person will be harmed. In each case, the Court relied upon the New Jersey Punitive Damages Act which clearly sets out what is and what is not sufficient to justify awarding punitive damages. Under the Act, punitive damages should be awarded where the plaintiff can demonstrate all of the following:

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