Kevin O'Connor – Peckar & Abramson, P.C.

Sponsor/Builder Liability Under the New Jersey Consumer Fraud Act

In Belmont Condominium Association, Inc. v. Geibel, 2013 WL 3387636 (App. Div. July 9, 2013), New Jersey’s Appellate Division affirmed in large part a substantial judgment against the sponsor, developer and general contractor of…more

| Civil Procedure, Civil Remedies, Construction Law

Litigating Front Pay Claims

In the words of noted playwright Oscar Wilde, “[i]n this world there are only two tragedies. One is not getting what one wants, and the other is getting it.” When litigating statutory claims of harassment or discrimination,…more

| Labor & Employment Law

NJ Appellate Division Decision Highlights Gaps in Existing LLC Law in New...

In my prior blogs I’ve addressed the importance of having an operating agreement for any business owner operating as a limited liability company (“LLC”), and have also covered the recent legislative changes in New Jersey with…more

| Business Organizations, Business Torts, Civil Remedies, Commercial Law &...

Sweeping Changes to New Jersey’s LLC Law

The members of any New Jersey company that is currently operating as a limited liability company (“LLC”) should endeavor to fully understand the impact of a law enacted in September 2012, the Revised Uniform Limited Liability…more

| Business Organizations, Business Torts, Commercial Law & Contracts,...

Third Circuit Clarifies Standards for FLSA Collective Actions

The Third Circuit Court of Appeals addressed several important issues of first impression in Zavala v. Wal Mart Stores, Inc., 691 F.3d 527 (3d Cir. 2012), further clarifying the two-step process for whether claims can be pursued…more

| Business Torts, Civil Procedure, Commercial Law & Contracts, Labor &...

US Supreme Court to Decide Whether FRCP 68 Offer Will Moot Class Action

The Supreme Court of the United States has granted certiorari in a case of great significance, Symczyk v. Genesis Healthcare Corp., 656 F.3d 189 (3d Cir. 2011), cert. granted, 2012 WL 609478 (June 25, 2012), and will hear…more

| Business Torts, Civil Procedure, Commercial Law & Contracts, Labor &...

Untethered NJLAD Front Pay Claims

Reprinted with permission, New Jersey Law Journal, this article addresses how defense counsel in a Law Against Discrimination case can deal with a speculative and unsupported claim for front pay damages…more

| Labor & Employment Law

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