Appellate Division Analyzes Advocate Witness Rule In Legal Malpractice Context

In a recent decision involving the ongoing battles between two well-known New Jersey law firms, the New Jersey Appellate Division performed a thorough analysis of the “advocate witness” rule, which is often used both offensively and defensively w… Read More
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Jon Vuotto Appointed to NJSBA Business and Commercial Litigation Committee

The New Jersey State Bar Association’s President, Evelyn Padin, has appointed Jon Vuotto as a member of the Business and Commercial Litigation Committee for 2019-2020. Jon is proud and honored to help advance the Committee’s mission of educating… Read More
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Appellate Division Blurs Lines Between Executing On Funds Held By Non-Party And Necessity Of Piercing Corporate Veil

In a recent decision, the New Jersey Appellate Division seemed to blur the lines between a creditor attempting to execute upon funds held for its debtor’s benefit and a creditor attempting to end-run an action to pierce the corporate veil to attach… Read More
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Foreclosing Lenders In New Jersey Must Disclose The “Nearly Correct” Amounts Of Prior Liens

According to a recent decision by the New Jersey Appellate Division, lenders, in advertising a foreclosure sale, are obligated to disclose prior lien amounts that are “nearly correct.” The Court found that a 22% difference between the advertised… Read More
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New Jersey Appellate Division Holds Acceleration Not A Prerequisite To Foreclosure

The New Jersey Appellate Division has affirmed that accelerating a residential mortgage debt is not a prerequisite to the lender foreclosing the mortgage. In Deutsche Bank National Trust Co. v. Blando, A-1826-17T3 (App. Div. March 20, 2019), the defe… Read More
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Jon Vuotto Named A Business Litigation “Super Lawyer” for 2019

Thomson Reuters has included Jonathan Vuotto on New Jersey’s Business Litigation “Super Lawyers” list for 2019. Jon is proud of the work that he has done for his clients over the past year, if not the accolades. “The New Jersey Supreme Court… Read More
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New York Appellate Division Resolves Key General Personal Jurisdiction Issue

New York’s Appellate Division, Second Department recently entered a decision in Aybar v. Aybar, 2019 NY Slip Op 00412 (2d Dep’t Jan. 23, 2019), ruling that parties are not subject to general personal jurisdiction in New York solely by registering… Read More
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Lenders: Prove All Material Loan Terms, Even In The Absence Of Opposition

The New Jersey Appellate Division has again emphasized how important it is for lenders attempting to collect a loan to be thorough at trial, even where there is little opposition from the borrower. In New Jersey Higher Educ. Student Assistance Auth.… Read More
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“Caveat Emptor” Alive and Well in New Jersey Foreclosure Sales

The New Jersey Appellate Division has again confirmed that the doctrine of caveat emptor (“let the buyer beware”) applies to foreclosure sales. In Federal Nat’l Mortgage Assoc. v. Cleaves, Docket No. A-0664-17T2 (App. Div. Dec. 11, 2018), Fanni… Read More
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NJ Appellate Division Clarifies Arbitration Agreements

In a recent ruling by the Appellate Division of the New Jersey Superior Court, the Court declined to enforce an arbitration award finding that the failure to include in the arbitration agreement a forum that would replace the right to a jury trial wa… Read More
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