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Practice Papers

RICO and Insurers

Friday, October 12, 2007

Legal commentators have suggested that the Weiss decision might portend an era in which the insurance industry will face a new wave of RICO claims and treble-damage awards in New Jersey and possibly elsewhere. For at least three reasons, however, the "wave" in New Jersey will likely be a small one.

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The Third Type of Will

Friday, August 31, 2007

Wills in New Jersey have come, historically, in only two flavors: wills signed and witnessed in technical compliance with the Wills Act or holographic wills. Now there is a third: writings intended as wills.

Lender's Election of Remedies Altered

Friday, August 31, 2007

A recent New Jersey Supreme Court decision addressed an issue of first impression before the Court, namely whether the amount awarded in a judgment in a foreclosure action is collateral estoppel in a subsequent action on the underlying note secured by the mortgage.

Natural Resource Damages for Loss of Use

Friday, August 17, 2007

Appellate Division found that the New Jersey Spill Compensation and Control Act imposes strict liability for damages for loss of use of natural resources that resulted from the discharge of hazardous substances.

Make an Offer Your Adversary Can't Refuse

Friday, August 17, 2007

The Palmer case demonstrates that courts favor the use of the Offer of Judgment Rule and promote subsequent offers as a case continues to unfold and attorneys have a better idea of the amount of damages at issue.

Internet Civil Rights Governed By Federal Analysis

Friday, August 3, 2007

Independent state interpretation of civil rights cannot apply to Internet transactions because of the multijurisdictional characteristics of the Internet.

Negotiating a Medicaid Lien

Friday, August 3, 2007

Measures can be taken to dramatically limit government liens, preserving recoveries to enrich the quality of life of a severely disabled individual.

Insureds May Seek Extra Contractual Damages

Friday, July 20, 2007

Insurers who do business in New Jersey are now on notice: insureds may bring claims under Civil Rico and Consumer Fraud seeking damages above and beyond payment of policy benefits.

RICO Still an Option for Defrauded Creditors

Friday, July 20, 2007

The Racketeer Influenced and Corrupt Organizations Act, better known by its acronym, RICO, has been the subject of numerous decisions that have severely limited its scope. In the creditors' rights context, however, a creditor may still recover losses caused by a debtor's scheme to defraud.

Negotiating a Service Contract

Friday, June 29, 2007

While no two contracts are identical, it is important to keep a few concepts in mind whenever reviewing or negotiating a service contract.

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