When does a claim for $50,000 against your business end up costing you two or three times that amount? When you lose the case you’re litigating, in full or in part, and you end up owing years of interest and attorneys’ fees to the other party on top of the underlying claim amount – while
New Jersey
Filing a Lis Pendens in New Jersey? Proceed with Caution
By Adam J. Sklar on
Posted in Construction Litigation
On February 3, 2022, New Jersey’s Appellate Division issued a decision for publication addressing the scope of the common law litigation privilege and, among other things, whether that privilege attaches to the filing of a notice of lis pendens. This article will explore the basic concepts of portions of this somewhat complicated case.
Let’s start…
New Jersey Appellate Division Again Upholds Local Government’s Rejection of Lowest Bid
By Adam J. Sklar on
Posted in Uncategorized
In our June 3, 2013 blog post, we discussed a decision of the New Jersey Appellate Division upholding a municipality’s rejection of the lowest bid for a waste hauling contract because it was determined to be a material, non-conforming bid. (Click here for our discussion.)
Last week, the Appellate Division again upheld a…
New Jersey Supreme Court Clarifies Site Suitability Criteria for Use Variance
By Adam J. Sklar on
Posted in Real Estate, Recent Cases
It is fundamental that all applicants seeking to obtain a use variance from a municipal zoning board of adjustment under the Municipal Land Use Law (“MLUL”) must prove that they satisfy both the so-called “positive” and “negative” criteria. One way to meet the positive criteria is to show “that the use promotes the general welfare…
Public Bidder’s Attempt “To Play Trump Card” Fails
By Adam J. Sklar on
In a recent unpublished opinion, New Jersey’s Appellate Division provides another reminder to contractors bidding on municipal contracts to timely challenge any portion of the bid specifications that may be improper or problematic. As this decision shows, if you fail to challenge a bid specification at least three days prior to the opening of the…