by Marvin Schuldiner | Sep 29, 2016 | Arbitration, Lawsuits
Midland Funding LLC v. Bordeaux was decided by the Appellate Division in a published decision today. The underlying case involves a credit card debt collections matter. The plaintiff bought the credit card debt and tried to enforce an arbitration agreement allegedly...
by Marvin Schuldiner | Sep 8, 2016 | Commercial Mediation, Lawsuits
On July 20, 2012, James Holmes walked into a packed theater in Aurora, Colorado and opened fire on patrons watching a midnight showing of the Batman movie “The Dark Knight Rises.” Holmes killed twelve people and injured another 70, some seriously and for...
by Marvin Schuldiner | Aug 8, 2016 | Commercial Mediation, Lawsuits
I’ve written many times about how trials are crap shoots. Why is this? There are many reasons, but one reason can be implicit bias. We all have them. It is part of being human. In fact, it evolved within us so we can make quick decisions (such as is that...
by Marvin Schuldiner | Jun 21, 2016 | Commercial Mediation, Lawsuits
In December, I wrote about a case where a person was fired presumably because he was getting divorced and having an affair with a co-worker. The plaintiff sued under the NJ Law Against Discrimination (LAD), his case was dismissed by the trial court and reverse on...
by Marvin Schuldiner | Jun 15, 2016 | Lawsuits
Today, the New Jersey Supreme Court Issued a decision in Rodriguez v. Raymours Furniture Company, Inc. This is a case of first impression and answers the question whether an employer can contractually limit the filing period for a claim under NJ’s Law Against...
by Marvin Schuldiner | Apr 28, 2016 | Commercial Mediation, Lawsuits
Traditionally, the “American Rule” has prevailed in New Jersey, meaning each side pays their own legal fees in a lawsuit. (This is contrasted with the “British Rule” where the loser of the litigation pays all fees.) There are public policy...
