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Common law fraud in New Jersey is the intentional misrepresentation of material facts presented to and relied upon by another party to his detriment. It is the version of fraud local courts have established through the traditional application of English common law for hundreds of years. Various states have codified the tort of fraud. For instance, New Jersey has the Consumer Fraud Act (NJSA 56:8-1, et seq.), which was passed in 1960. The … [Read more...] about Common Law Fraud in New Jersey
News
Employment Attorney Settles Employment Discrimination Matter on Behalf of Victimized Former Employee
Kieran M. Dowling recently settled a lawsuit filed on behalf of a former employee of a hair salon. The suit alleged violations of New Jersey’s Law Against Discrimination (LAD), sexual assault and battery, intentional infliction of emotional distress, invasion of privacy, and constructive discharge. The plaintiff alleged that the salon’s defendant co-owner had subjected her and other employees to persistent sexual harassment. The defendant … [Read more...] about Employment Attorney Settles Employment Discrimination Matter on Behalf of Victimized Former Employee
An Overview of Commercial Real Estate Law in New Jersey
For commercial property owners, tenants, and developers, understanding New Jersey commercial property law and its implications are key. This article will summarize some of the legal issues related to commercial real estate law in New Jersey, including zoning, land use, financing, title issues, and more. Zoning and Land Use If you own a business or plan to invest in commercial property in New Jersey, it is important to understand zoning and … [Read more...] about An Overview of Commercial Real Estate Law in New Jersey
Ted Schiller Appears on Panel at the Annual New Jersey Coalition of Automotive Retailers (NJ CAR) Meeting
On October 19, 2022, founding partner Ted Schiller, Esq., of Schiller, Pittenger & Gaffney, P.C., appeared for a panel discussion at the NJ CAR annual meeting, held at the Seaview Marriott Resort in Absecon, New Jersey NJ CAR is the main lobbying group for automobile dealers in New Jersey’s $39 billion retail auto sales sector. The panel’s discussion concerned the efforts of original equipment manufacturers (OEM) to disrupt the franchise … [Read more...] about Ted Schiller Appears on Panel at the Annual New Jersey Coalition of Automotive Retailers (NJ CAR) Meeting
Affirmative Defense for Employers in Sexual Harassment Claims
In a landmark New Jersey employment law case, Aguas v. State of New Jersey, 220 N.J. 494 (2015), the New Jersey Supreme Court laid out an affirmative defense for employers in sexual harassment claims by employees. In Aguas, the Court adopted the “Faragher-Ellerth” affirmative defense standard in response to vicarious liability claims. The Faragher-Ellerth defense was established by the United States Supreme Court in two cases, Faragher v. … [Read more...] about Affirmative Defense for Employers in Sexual Harassment Claims
Classifying New Jersey Workers As Independent Contractors Becomes More Complicated
On August 8, 2022, the New Jersey Supreme Court released its decision in East Bay Drywall, LLC v. Dep’t of Labor & Workforce Dev., ___ N.J. ___, ___ (2022) (A-7-21) (085770). With this decision, the Supreme Court illustrated the proof hurdles employers must overcome when classifying New Jersey workers as independent contractors instead of employees.. The decision highlights the necessity for employers to document the support for an … [Read more...] about Classifying New Jersey Workers As Independent Contractors Becomes More Complicated