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Law Offices of Peter J. Lamont: New Jersey Top Business Litigation Attorneys | Peter J. Lamont

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Independent Contractor vs. Employee in New Jersey: Misclassification Liability for Small Businesses
Misclassifying workers as independent contractors is one of the costliest mistakes a New Jersey small business can make. Learn how the ABC test works, the real penalties for getting it wrong, and practical steps to protect your business from a wage and hour audit.

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What an Order to Show Cause in New Jersey Cannot Do
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 reque...

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Preliminary Injunction in New Jersey: How TROs and Emergency Court Relief Actually Work
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...

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Seller Disclosure in New Jersey: What You Must Reveal and How to Avoid a Lawsuit
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 ha...

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Default Judgment in New Jersey: How It Happens and How to Vacate One
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 standar...

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