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

Commercial litigation is the centerpiece of the Firm's trial practice. We understand that resolving business problems through litigation requires an ongoing evaluation process – a constant analysis of risk versus reward. It is not surprising, therefore, that when corporate counsel, owners of small and medium-sized businesses, financial instit...utions, real estate professionals, family businesses and individuals seek legal assistance for their issues, they look for business-minded lawyers who view litigation not as a process with a life of its own, but as a means to resolve problems efficiently, with tangible results. More

What is "Blockchain?"

We have all heard so much about “Blockchain” over the past months perhaps it is time to define our terms.

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377 Hits

The Movers Broke My Stuff! Verify and Confirm Your Claim Deadline

            State law and state regulations govern intrastate transportation of goods (even household goods) and directly impacts your rights in the event issues arise as a result of moving them from place to place

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261 Hits

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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320 Hits

Civil forfeiture in New Jersey

New Jersey is among the worst states in the country when it comes to civil forfeiture laws.  Many people incorrectly assume that civil forfeiture applies to only an accused or a criminal defendant's property.  However, civil forfeiture can occur with any type of property which is simply allegedly tied to criminal activity.  The owner does not have to be actually charged with a crime in order to have their property taken them.  Also, in a civil forfeiture proceeding where the state is represented by the county prosecutors, there is a lower standard of proof which does not require them to prove guilt 'beyond a reasonable doubt.'  New Jersey has consistently ranked as one of the least transparent states when it comes to disclosing how much they have actually confiscated, and has consistently been given poor marks by independent agencies which monitor forfeiture activity.  For example, in 2015, the highly respected Institute for Justice gave New Jersey a D-, the lowest grade possible, when it analyzed the laws and the growth of civil forfeiture proceedings around the United States.  

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345 Hits

The Curious Case Of Punitive Damages

Clients and potential clients sometimes ask attorneys about punitive damages and whether they are entitled to them. Under the New Jersey Punitive Damages Act, punitive damages are defined as “exemplary damages and means damages awarded against a party in a civil action because of aggravating circumstances in order to penalize and to provide additional deterrence against a defendant to discourage similar conduct in the future. Punitive damages do not include compensatory damages or nominal damages.” In order to be eligible for punitive damages you must request them in the initial complaint against the defendants.

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1212 Hits

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