Ruiz Doolan Law Firm Blog

The doctrine of economic duress has significantly developed and expanded, in recognition of the ever-increasing complexity of the business world. Claims of economic duress in business litigation are becoming more frequent. Several courts, including the United States Supreme Court, have acknowledged that there are situations under which financial pressure may cancel an otherwise enforceable contract. See 13 S. Williston, Contracts , § 1603 at 664 (3d ed. 1970); United States v. Bethlehem Steel Corp. , 315 U.S. 289, 62 S.Ct. 581, 86 L.Ed . 855 (1942); Hartsville Oil Mill v. United States , 271 U.S. 43, 46 S.Ct. 389, 70 L.Ed. 822 (1926). The definition of economic duress is set forth in Williston: 1. The party alleging economic duress must show that he has been the victim of a wrongful or unlawful act or threat, and 2. Such act or threat must be one which deprives the victim of his unfettered will. [13 Williston, supra, § 1617 at 704 (footnotes omitted)] The courts in New Jersey ha...

The New Jersey Consumer Fraud Act purpose was to combat sharp practices and dealings that victimized consumers by luring them into purchases through fraudulent or deceptive means. It was expanded to allow a private right of action for consumers that are victims of violations of the CFA. The private right of action included provisions that allowed for entitlement to treble damages, reasonable attorney’s fees, and reasonable costs of suit. In a cause of action asserting a violation of the NJ Consumer Fraud Act a plaintiff must prove:     1) unlawful conduct by defendant;     2) an ascertainable loss by plaintiff;     3) a causal relationship between the unlawful conduct and the ascertainable loss.       D’Agostino v. Maldonado , 216 N.J. 168, 183-184 (2013) (quoting Bosland v. Warnock Dodge  Inc ., 197 N.J. 543, 557 (2009)). If the plaintiff is successful in establishing his/her cause of action, the plaintiff is entitled to treb...

The current immigration climate is tense. Undocumented people fear not only for deportation but also for the care and wellbeing of their children.  It is important that people that are undocumented make plans in the event that this situation takes place. Among the first things to be planned is the provision of care and supervision of minor children while the parents are in the process of the deportation. It is important to keep all detail information of the child. If the child is an American Citizen, having their passports updated should be a priority. In addition, it is often suggested to create a power of attorney limited to the event of deportation. In this power of attorney, the parents should assign a guardian to take care of the child and allow permission to travel with the guardian. The undocumented person should also consider leaving financial provisions for the care of the child. It is often recommended that the undocumented person carries information of their...

Living Will A Living Will is vital in bringing out your end of life decisions. If at any point you’re unable to  communicate your wishes or a doctor has diagnosed you as being incapable of doing so, a Living Will allows your family and physicians to make sure your own personal choices are being respected. When to Use a Living Will: You want to stipulate your needs so that it is more probable they will be carried out. You are facing the prospect of operation or a hospitalization. You want to make a comprehensive estate plan. You have been diagnosed with a incurable illness. The Difference Between a Living Will from a Power of Attorney: A living will and a durable healthcare Power of Attorney allow you to choose someone you trust to make certain medical decisions on your behalf. You must be at least 18 to create either document or you must be of sound mind. That means no one is allowed to coerce you into making a living will or healthcare power of attorney...

Your relationship with yours vendors is important. Not only they give the services you need, a lot of small business just starting up rely heavily on them. Some people use them for marketing, some for product. But did you know you can negotiate their fix prices? You can also negotiated their standard contracts. People who start their own business are tied up with the growing of the business and the client side of the business they often forget that their vendors' contracts are just as important.  Certainly they pay for it. Base on our on experience I can tell you we have gotten rid off of so many vendors that did not perform. We often see people who want to tie our clients with one year contracts without any guarantees. Why would anybody sign for that? Sadly they do. Who ever tells you these contracts are not negotiable you can always say there is another vendor. There is 100 vendors. Here at the Ruiz Doolan Law Firm we have dealt with these issues for our clients. We have gott...

                During the school year, visitations schedules with the non-custodial parent generally stay the same. Children have school schedules, commitments and responsibilities that require commitment and a strict schedule.  Whether its alternate weekends or split weeks or once a month visits, there is commonly an increase or drastic change in visitation times during the summer. Children are no longer in school and spend extended periods with the parent they generally see for only a short period of time. Parents can take their children on vacation. Conversely, visitations can decrease if the child goes away to summer camp, visit relatives overseas or decides to spend more time on the weekends with friends.                   It is crucial that during the divorce proceedings or parenting time negotiations these issues are...

Equality in marriage, but what about Divorce?                 Same sex marriage was legalized in the state of New Jersey in October of 2013. When it comes to divorce, same sex-marriage couples will follow the same procedure as opposite-sex married couples. What that means is that one party will need to file a complaint for divorce stating at least one of New Jersey’s grounds for divorce, including but not limited to irreconcilable differences. Following that filing the court will process the case in the same manner as it has been processing opposite sex divorces for years. What that means is that there are no additional grounds, paperwork or proofs that are required in a same-sex divorce. There are no additional court appearances required. That does not however mean that the process will be easy. All that means is that everyone is being treated the same way when it comes to divorce.     ...