BLOG

The proposed order asks for everything, but the proceeding cannot deliver most of it. A look at the procedural limits on an order to show cause in New Jersey: why Rule 4:52 cannot produce a permanent injunction, when summary disposition is actually available, the clear and convincing burden on every Crowe factor, the specificity Rule 4:52-4 demands, and why an attached fee request is usually premature.

Some harms cannot wait for a trial. This post explains how a preliminary injunction in New Jersey actually works: the difference between temporary restraints under R. 4:52-1 and an interlocutory injunction, the four Crowe v. De Gioia factors a judge applies, why irreparable harm defeats most applications, what you file and how fast it moves, and how to defend against an order to show cause. Practical guidance from the Law Offices of Peter J. Lamont.

Since March 2024, New Jersey sellers must answer flood questions on the state property condition disclosure statement, and the rest of the duty still runs on common law. This post explains what seller disclosure in New Jersey actually requires: the Weintraub v. Krobatsch latent defect rule, why the disclosure form is where sellers create their own liability, the limits courts have placed on the duty, the flood disclosure law, and the steps that prevent a post-closing lawsuit.

A default judgment in New Jersey can be entered against you in a case you never knew about, and most people find out when a bank account is frozen. This post walks through the two-step process under R. 4:43, why the window before judgment enters is worth so much, the six grounds for relief under R. 4:50-1 and their deadlines, the excusable neglect and meritorious defense standard, and what to do the week you find out. From the Law Offices of Peter J. Lamont.

A meritorious case can be lost before anyone reaches the facts. The affidavit of merit in New Jersey requires a sworn expert statement within 60 days of each defendant's answer, and the statute reaches architects, engineers, accountants, attorneys, land surveyors and more, not just doctors. This post covers the deadline, why missing it means dismissal with prejudice, why the Ferreira conference will not save you, and the exceptions that genuinely exist. From the Law Offices o

A defendant who hides from a process server buys time, not immunity. Learn how service of process in New Jersey works when personal service fails, including substituted service by certified mail, court ordered service by email or social media, and service by publication under the New Jersey Court Rules.

A construction defect in New Jersey is more than a frustration; it is a legal claim. Learn what counts as defective workmanship, the claims available to property owners, how the Consumer Fraud Act's treble damages and fee-shifting work, the statute of limitations and 10-year statute of repose, and the steps that build a strong case. From the Law Offices of Peter J. Lamont in Bergen County.

Losing a client to fair competition is business. Losing a client because someone spread lies, misused confidential information, or induced a breach is tortious interference, and New Jersey law lets you sue for it. Learn the two interference claims, what you must prove, where courts draw the line between competition and sabotage, and the remedies available. From the Law Offices of Peter J. Lamont.

A fence six inches over the line can turn good neighbors into courtroom adversaries. Learn how a property line dispute in New Jersey actually gets resolved: why the survey controls, how encroachments and adverse possession work, and the legal actions, from quiet title to ejectment, that settle boundaries for good. From the Law Offices of Peter J. Lamont in Bergen County.

A federal lawsuit claims the creator of the Terrifier franchise signed away the rights to Art the Clown for $5,000 in 2013. New Jersey intellectual property attorney Peter J. Lamont, Esq. explains what the case teaches business owners and creators about assignment agreements, derivative works, and profit-sharing deals, and how to protect your rights before you sign.

Five contract mistakes that expose New Jersey home improvement contractors to Consumer Fraud Act claims, treble damages, and unpaid invoices, and the fixes for each. Contract guidance from the Law Offices of Peter J. Lamont in Bergen County, NJ.

Premises liability in New Jersey can turn a backyard pool party or BBQ into a costly lawsuit. This guide explains what homeowners owe their guests, the attractive nuisance rules for pools and trampolines, social host liability for serving alcohol, dog bite and slip and fall risks, and why homeowners insurance may not be enough. Learn the practical steps that protect your home, and contact the Law Offices of Peter J. Lamont for guidance.

Oral contracts in New Jersey are sometimes enforceable, and sometimes not. A NJ business litigation attorney explains the statute of frauds, partnership disputes, and what to do instead of relying on a handshake this summer.

Thinking about filing a small claims case in New Jersey? Learn how the process works, what the monetary limits are, what to expect at your hearing, and practical tips for winning your case. The Law Offices of Peter J. Lamont explains everything you need to know about small claims court in New Jersey.

Understanding breach of contract claims in New Jersey is essential for business owners and individuals. Learn about material vs. minor breaches, available remedies including compensatory damages and specific performance, the six-year statute of limitations, and when to consult an attorney. Peter J. Lamont, Esq. of the Law Offices of Peter J. Lamont explains your legal options.

Understanding cease and desist letters in New Jersey is essential for business owners and individuals facing legal disputes. Learn what a cease and desist letter is, when to send one, what it should include, its legal effect, and how to respond if you receive one. The Law Offices of Peter J. Lamont can help.

Learn what to include in a demand letter, how to send it properly under New Jersey law, and why having an attorney draft it can make the difference.

Slip and fall claims threaten New Jersey small businesses every day. Learn the premises liability rules and the practical steps that protect your storefront.

In New Jersey, corporations and LLCs generally cannot represent themselves in court. Learn the rule, the limited exceptions, and why even when you can go it alone, you almost certainly should not. A New Jersey business attorney explains the risks and the smarter approach for small business owners facing litigation.

Partnership disputes in New Jersey can threaten your business and livelihood. Learn what causes these conflicts, how New Jersey law addresses them, and the resolution options available to you. Peter J. Lamont, Esq. explains breach of fiduciary duty, financial mismanagement, and when it is time to hire a business litigation attorney.