Wednesday, April 16, 2014

Understanding the Law Episode 46: NJ Attorney Peter J. Lamont Interviews Kevin Knight of the IWF

Watch Episode 46 of Understanding the Law Radio. We discuss the success of the Independent Wrestling Federation (IWF) with founder and CEO Kevin Knight.

Kevin talks about:

- how he started his company
- what he looks for in an employee
- charitable works
and More...


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If you would like more information about this topic or have general legal questions, please feel free to contact me at (973)949-3770 or via email at plamont@peterlamontesq.com We answer legal questions on a daily basis and would be happy to discuss any issues or questions that you have with you.  Offices in: New Jersey New York, Colorado & Puerto Rico.  Affiliated throughout the country.

© 2014, Law Offices of Peter J. Lamont. This Update is provided for informational purposes only. It is not intended as legal advice nor does it create an attorney/client relationship between the firm and any readers or recipients. Readers should consult counsel of their own choosing to discuss how these matters relate to their individual circumstances. This Update may be considered attorney advertising in some states. Furthermore, prior results do not guarantee a similar outcome.

Thursday, April 10, 2014

Episode 45: Interview with Yukari Kane author of Haunted Empire: Apple After Steve Jobs


Watch Episode 45 of Understanding the Law. Today we speak with special guest Ms. Yukari Iwatani Kane former Wall Street Journal reporter and author of "Haunted Empire Apple After Steve Jobs". We discuss her new book and the reasons why Apple might be struggling to come up with new innovations in telecommunication and technology after Steve Jobs as well as how competitors such as Google have been catching up to the titan after Apple's iconic CEO stepped down.




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If you would like more information about this topic or have general legal questions, please feel free to contact me at (973)949-3770 or via email at plamont@peterlamontesq.com We answer legal questions on a daily basis and would be happy to discuss any issues or questions that you have with you.  Offices in: New Jersey New York, Colorado & Puerto Rico.  Affiliated throughout the country.

© 2014, Law Offices of Peter J. Lamont. This Update is provided for informational purposes only. It is not intended as legal advice nor does it create an attorney/client relationship between the firm and any readers or recipients. Readers should consult counsel of their own choosing to discuss how these matters relate to their individual circumstances. This Update may be considered attorney advertising in some states. Furthermore, prior results do not guarantee a similar outcome.

Friday, April 4, 2014

Download our Free Mobile App & Ask Your Legal Questions From Your iPhone or iPad!

VISIT THE APP STORE OR DOWNLOAD IT HERE!

New Jersey Attorney

If you would like more information about this topic or have general legal questions, please feel free to contact me at (973)949-3770 or via email at plamont@peterlamontesq.com We answer legal questions on a daily basis and would be happy to discuss any issues or questions that you have with you.  Offices in: New Jersey New York, Colorado & Puerto Rico.  Affiliated throughout the country.

© 2014, Law Offices of Peter J. Lamont. This Update is provided for informational purposes only. It is not intended as legal advice nor does it create an attorney/client relationship between the firm and any readers or recipients. Readers should consult counsel of their own choosing to discuss how these matters relate to their individual circumstances. This Update may be considered attorney advertising in some states. Furthermore, prior results do not guarantee a similar outcome.

Legal Q&A Episode 3 (+playlist)

Broker Drafted Residential Real Estate Contracts Can Be Rescinded by Email or Fax

Somerset County Superior Court Judge Edward Coleman recently ruled that broker drafted residential real estate contracts can be rescinded during the three-day attorney review period by email or fax. While this seems logical, until this ruling, rescission of a broker drafted real estate contract had to be communicated by certified mail, telegram or personal delivery.



If you would like more information about this topic or have general legal questions, please feel free to contact me at (973)949-3770 or via email at plamont@peterlamontesq.com We answer legal questions on a daily basis and would be happy to discuss any issues or questions that you have with you.  Offices in: New Jersey New York, Colorado & Puerto Rico.  Affiliated throughout the country.

© 2014, Law Offices of Peter J. Lamont. This Update is provided for informational purposes only. It is not intended as legal advice nor does it create an attorney/client relationship between the firm and any readers or recipients. Readers should consult counsel of their own choosing to discuss how these matters relate to their individual circumstances. This Update may be considered attorney advertising in some states. Furthermore, prior results do not guarantee a similar outcome.


Thursday, April 3, 2014

Connecticut’s minimum wage will jump to $10.10 per hour in 2017

On March 27, Governor Dannel Malloy signed a law that will increase Connecticut’s minimum wage in each of the next three years. The minimum wage will rise to $10.10 per hour in 2017.

If you would like more information about this topic or have general legal questions, please feel free to contact me at (973)949-3770 or via email at plamont@peterlamontesq.com We answer legal questions on a daily basis and would be happy to discuss any issues or questions that you have with you.  Offices in: New Jersey New York, Colorado & Puerto Rico.  Affiliated throughout the country.

© 2014, Law Offices of Peter J. Lamont. This Update is provided for informational purposes only. It is not intended as legal advice nor does it create an attorney/client relationship between the firm and any readers or recipients. Readers should consult counsel of their own choosing to discuss how these matters relate to their individual circumstances. This Update may be considered attorney advertising in some states. Furthermore, prior results do not guarantee a similar outcome.



Wednesday, April 2, 2014

Sidebar: Weekly Legal News, Commentary & Rants March 3/31/14


MARCH 31, 2014



MANDATORY REAR CAMERAS ON CARS

The National Highway Traffic Safety Administration has  issued a regulation requiring all vehicles, including trucks and buses, to have rear-view visibility -- meaning, rear-view cameras.

The rule applies to all vehicles under 10,000 pounds. All 2019 model vehicle will be equipped with rear-view cameras. While, the law does not require it, many car companies are now including rear-view cameras as part of their standard package on new models. 
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SAMSUNG: DON'T SHOW THE VIDEO

U.S. District Judge Lucy H. Koh on overruled Samsung Electronics’ objections to showing jurors a recent instructional video on how patents work, in connection with the patent dispute between Apple and Samsung.

The video is called “The Patent Process: An Overview for Jurors” and was produced by the Federal judicial Center to provide jurors with a better understanding of patent law basics. 

Samsung objected to playing the vide because it depicts the use of certain Apple products. It argued that by showing Apple products in the video it could suggest to jurors that Apple products are innovative, unique and patentable. 
Samsung’s attorneys contended that showing the jury such a video would be prejudicial to Samsung and threaten the impartiality of the jury. The Judge denied Samsung's request to bar the video and thus, it will be shown as planned to the jury. 
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CONNECTICUT'S VICIOUS HOURSE RULING


The Connecticut High Court issued a decision Wednesday in a case involving a 2-year-old boy who was allegedly bitten on the cheek by a horse named Scuppy, 

Anthony Vendrella claimed that a horse owned by the Astriab family bit his young son on the face, "removing a large chunk of it," and wanted its owners to pay for his son's injuries. In determining whether the Astriabs were liable in this animal bite case, it was important to determine if Scuppy -- or indeed, all domestic horses -- were prone to vicious or mischievous behavior.

The Connecticut Supreme Court didn't find that horses were necessarily "vicious," just that they had a tendency to bite humans without provocation. That means horse owners like the Astriabs can be held liable for being negligent with their horses.
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SMILE YOU TWIT, YOU'RE ON TWIT SPOTTING


The TWIT Spotting project is a way to get people to recognize their distracted driving behavior. It works by having just about anyone snap photos of drivers' faces and their distracted behavior. These photo are then submitted to the project and Brian Singer, the project's creator will post those photos online and on 11 billboards around San Francisco, which he currently funds himself.

While texting while driving is dangerous and illegal in most states, is it legal for TWIT Spotting to post pictures of texting drivers? It depends.  In general, an invasion of privacy claim will most likely fail because taking a picture of someone deriving on a public road may not be considered an intrusion of solitude. However, not all texters are engaged in mindless social or business communication. For example, what if someone is texting due to an emergency situation and their picture is posted.  This could suggest that the texter is nothing more than a careless law-breaker and thus, paint him or her in a false light, giving rise to a civil cause of action. We will have to see how this develops. In the meantime, if you are texting while driving in the San Francisco area, make sure to smile. 
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REWARD OFFERED FOR BITING SUSPECT IN PARKING SPOT FIGHT 


Police are offering a $5,000 reward for information leading to the arrest of a woman suspected of biting another woman’s finger during a dispute over a parking spot at a southern New Jersey mall.

On March 8, 2014, Tonya Knight-Joseph became snack food for a driver  who accused her of stealing a parking space in a Cherry Hill, NJ shopping area.  The bite was so severe that Knight-Joseph nearly lost her finger. If located, the biter could face aggravated assault charges which would all but destroy her ambitions of playing a zombie on next season' The Walking Dead. 

© 2014, Law Offices of Peter J. Lamont. This Update is provided for informational purposes only. It is not intended as legal advice nor does it create an attorney/client relationship between the firm and any readers or recipients. Readers should consult counsel of their own choosing to discuss how these matters relate to their individual circumstances. This Update may be considered attorney advertising in some states. Furthermore, prior results do not guarantee a similar outcome.

Tuesday, April 1, 2014

Practical Law: NJ Attorney Peter J. Lamont Shows You How to Complete a Summons & Complaint for Filing in the NJ Special Civil Part


Today we review how to complete a summons and complaint for filing with the Special Civil Part of the NJ Superior Court.  Below is a link to download the forms discussed in the video.

https://www.judiciary.state.nj.us/prose/10541_dc_complnt.pdf

Welcome to Practical Law.  In these videos we will attempt to explain various aspects of pro se legal representation and answer questions concerning how to handle certain legal matters without an attorney.

Do you have legal questions? Call us at (973) 949-3770.
For More Information please visit: www.peterlamontesq.com

The information contained in our Practical Law Videos are for informational purposes only and do not constitute legal advice and do not create an attorney-client relationship. You should consult an attorney for advice regarding your individual situation.  I encourage and welcome your calls, letters and e- mail.

Material at this site may be considered advertising under the rules of the Supreme Court of New Jersey. The hiring of a lawyer is an important decision that should not be based solely on advertising.
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If you would like more information about this topic or have general legal questions, please feel free to contact me at (973)949-3770 or via email at plamont@peterlamontesq.com We answer legal questions on a daily basis and would be happy to discuss any issues or questions that you have with you.  Offices in: New Jersey New York, Colorado & Puerto Rico.  Affiliated throughout the country.

© 2014, Law Offices of Peter J. Lamont. This Update is provided for informational purposes only. It is not intended as legal advice nor does it create an attorney/client relationship between the firm and any readers or recipients. Readers should consult counsel of their own choosing to discuss how these matters relate to their individual circumstances. This Update may be considered attorney advertising in some states. Furthermore, prior results do not guarantee a similar outcome.

Thursday, March 27, 2014

Professional Negligence: Real Estate Agent Example

By: Peter J. Lamont, Esq.
New Jersey Business and Personal Law Attorney
Law Offices of Peter J. Lamont

Let's talk about professional negligence. The negligence of a doctor, an architect, a lawyer, but in this case we're going to talk about the negligence of a real estate agent. Let's say that you have a real estate agent who is selling a house. He meets with his client and the client says to him, "Listen, I've got some water stains in the basement. I'm certain that it's a leak. I've seen water come in, I've had to pump it out, but it's not terrible. I'm afraid if we disclose that information, nobody's going to buy the house because one of the selling features of this house is this nice finished basement. So here's what I'm going to do. I'm going to rip out the drywall, I'm going to put new drywall up. It'll take me a day or so. It's not supposed to rain. So when you show the house, nobody will notice that there was water damage or stains on the existing drywall." And the real estate agent thinks to himself, "Well, I want to sell the house. That’s how I make my money. I want to sell it. There's not guarantee that it's really actively leaking. I think that this is okay. So I'm going to go along with this. I'm not going to disclose this information to the other broker. I'm not going to disclose it to the potential buyer, but we're going to give it a go and as long as the guy fixes it and puts new drywall up, we’re good."

Now the purchaser comes in with their home inspector, loves the house, right? They want to move forward with the purchase. The home inspector looks around. There's no visible evidence of any water in the basement, and so he gives his seal of approval that ultimately leads to a finalized contract negotiation and a closing date. We're all set. So closing happens and the purchaser comes in. Within the first month or two, there's a massive, torrential rainstorm. And while he's sitting in his basement watching TV, water starts to drip in through the drywall on the floor, through the drywall. And he's panicked. So he calls in a contractor to make repairs. As the guy is ripping the drywall that's now wet, the new replaced drywall off the wall. He says, "Look at these white marks on the foundation. This is indicative of a number of flooding incidents. This isn't a result of this torrential downpour that we just had. Look at the different levels, the different height of watermark stains. So this is something that has been going on for a while. When you bought the house, did anyone tell you that there was an issue?" And you say, "No." And as your contractor continues to inspect the situation he says, "Ah, look at this. There's a crack in the foundation here and this apparently where the water is seeping in from. You've got a problem. This is going to cost you $30,000 to fix." You go upstairs and you tell your wife. You're afraid that she's going to start yelling at you. You've got your suitcase packed because you're afraid of what she's going to say. Right? "I relied on you. This was your home inspector. You told me this was a good house." Right?

Well, you go and you contact a lawyer. The lawyer says, "You may have a negligence claim, a malpractice claim against your real estate agent. Let's look at how that would happen." Let's assume for a minute that the purchaser files a lawsuit. He files a lawsuit against the prior homeowner, his real estate agent, the seller's real estate agent, and the home inspector. I want to talk about that negligence claim with respect to the brokers. Okay, now, we learn through discovery that the seller made repairs to the drywall and knew that there was a leak. We also learned that the agent was aware of it. Now, let's put that together with the elements of negligence. 1) Does the real estate agent for the seller owe a duty of care to you, the purchaser? And the answer is yes. He is mandated through his license under statute, under the administrative code, to provide you with accurate information to do a certain level of due diligence with respect to the listing and sale of a house. And so it's clearly established that he owes you a duty of care. Now, let's talk about the breach. Can you establish a breach of that duty of care? Well, we know that this broke, he didn't direct the seller to replace the drywall. He didn't direct the seller to hide the condition. He simply omitted the fact about the basement when he discussed the house with your real estate agent. So is he negligent? He didn't do it actively. He didn't actively hide the condition. He didn't suggest to the seller, "Why don't you lie about it? Put up dry wall." He simply knew about it and omitted it. Well, to breach a duty of care it does not have to be an action. It can be inaction as well. So his omission, his knowing omission. He intentionally omitted the fact that there had been water damage in the basement when he discussed the sale of the house with your real estate agent. That is a breach of duty.

How do we know? We're going to look at the reasonable person's standard. Would a reasonable real estate agent under the same set of circumstances have done the same thing? And the answer to the question is no. A reasonable real estate agent, now this is interesting that I'm saying this. A reasonable real estate agent. Why am I saying that? Because when you apply the reasonable person's standard, you must do so based upon the person that you're trying to apply the standard to. So if you were a doctor, the reasonable person's standard is: "Would a reasonable physician under the same circumstances act in a particular way?" If you're an architect, would a reasonable architect? If you're a driver, would a reasonable motorist? If you are a storeowner, would a reasonable business owner? So the reasonable person's standard applies to you in the position and situation that you are in.

So getting back to the example, your real estate or the seller's real estate agent... Would a reasonable real estate agent done the same thing? No, the reasonable real estate agent would have said, "I'm not permitting to omit a material fact about a house that I’m aware of. I've got to disclose that." So in this scenario, it is quite clear that a breach of duty has occurred. Now, damages? Yeah, there's damages. You've got $30,000, $35,000 worth of repair work that needs to be done. And can you show that the breach and the damages were proximately connected, proximately caused? And the answer is yes. Because but for the omission of the real estate agent, you might not have purchased the house.

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If you would like more information about this topic or have general legal questions, please feel free to contact me at (973)949-3770 or via email at plamont@peterlamontesq.com We answer legal questions on a daily basis and would be happy to discuss any issues or questions that you have with you.  Offices in: New Jersey New York, Colorado & Puerto Rico.  Affiliated throughout the country.

© 2014, Law Offices of Peter J. Lamont. This Update is provided for informational purposes only. It is not intended as legal advice nor does it create an attorney/client relationship between the firm and any readers or recipients. Readers should consult counsel of their own choosing to discuss how these matters relate to their individual circumstances. This Update may be considered attorney advertising in some states. Furthermore, prior results do not guarantee a similar outcome.
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