Currently browsing: WJL Blog Posts

Loss of Deposit for Improper Cancellation of Contract on Punchlist Deficiency Grounds

The August 21st New York Times reports that a $4.7M deposit was forfeited by Roberta Campbell, ex-wife of Intuit Chairman William Campbell in a co-op deal gone awry. Seems the Federal Judge was unimpressed with the reasons asserted for attempted termination after the pre-closing inspection. It appears she attempted to turn punch list items into […]

Read more

Purpose and Scope of New Jersey’s Offer of Judgment Rule

 The Offer of Judgment Rule is a mechanism useful to both Plaintiffs and Defendants in order to leverage settlement of cases in New Jersey.  There are, however, several limitations as to the Rule’s applicability.  In the case of Crudup v. Marrero, 57 N.J. 353 (1971), the New Jersey Supreme Court explained that the rules permitting […]

Read more

Waiver Rule

The New Jersey Department of Environmental Protection will start enforcing the “Waiver Rule” (N.J.A.C. 7:1B) as of August 1, 2012. The Waiver Rule will give the NJDEP the authority to waive certain standards where those standards produce “unreasonable, unfair, or unintended results” that undermine the intent of the subject legislation. There is no automatic right […]

Read more

Possible further extension of the Permit Extension Act

As of June 28, 2012 both the General Assembly and Senate passed bills (A1338 and S743, respectively) extending the Permit Extension Act through December 31, 2014. The clock will begin to run again on January 1, 2015, and no approvals will extend beyond June 30, 2015 unless the validity of the approval would have extended beyond June […]

Read more

Benefit Corporations

Recently, New Jersey became the third state to enact legislation authorizing the creation of “Benefit Corporations.”  A Benefit Corporation is “for profit,” but at the same time it promotes performance accountability and transparency, and is designed to achieve a “public benefit.”  Vermont and Virginia have also enacted similar legislation, and many other states are considering […]

Read more