Representation In Commercial Litigation
Disputes often arise between parties despite the best of preparations, and they can prove very expensive to resolve.
Fortunately, the clients of Norgaard, O’Boyle & Hannon can draw on our more than 100 years of collective experience successfully handling such disputes. Our attorneys are experienced in matters concerning contracts, guarantees, promissory notes, shareholder and partnership disputes, lender liability, and fraud and fraudulent conveyances, among others.
Further, we are conscious of our clients’ concerns about the high costs of litigation and do everything we can to minimize the costs without sacrificing the quality of representation. Call our lawyers at 201-871-1333. You can also contact us by email.
Frequently Asked Questions About Commercial Litigation
Business disputes often lead to important legal questions. Below are answers to several issues that commonly arise in New Jersey commercial litigation.
Can I sue my business partner for “oppression” in New Jersey?
Yes, New Jersey law allows minority owners of closely held corporations to pursue legal action when majority owners engage in oppressive or unfair conduct. The law recognizes that business owners often join companies with reasonable expectations about participating in management, receiving financial information and sharing in profits.
Oppression may involve excluding a minority owner from decision-making, denying access to company records, diverting business opportunities, withholding distributions or using company assets for personal benefit. Courts carefully evaluate the facts of each case before determining whether legal remedies are appropriate. Depending on the circumstances, the court may order a buyout of the minority owner’s interest, appoint a custodian or provisional director, dissolve the business or grant other equitable relief intended to protect both the company and its owners.
What is the difference between the Law Division and the Chancery Division in New Jersey commercial litigation?
The distinction depends primarily on the type of relief being requested. The Law Division generally hears commercial disputes where the primary objective is recovering monetary damages. Common examples include breach of contract, fraud, lender liability, promissory note disputes and other claims involving financial losses.
The Chancery Division focuses on equitable remedies when money alone cannot resolve the dispute. Cases involving shareholder disagreements, partnership conflicts, requests for injunctions, business dissolutions, fiduciary duty claims or specific performance are often filed there. Some lawsuits contain both legal and equitable claims, making it important to determine the proper venue before filing because the choice may influence how the litigation proceeds.
Does New Jersey require arbitration for business disputes?
Not automatically. Arbitration is generally required only when the parties previously agreed to resolve disputes through a valid arbitration provision contained in an operating agreement, shareholder agreement, partnership agreement or other commercial contract.
If no enforceable arbitration clause exists, disputes are typically resolved through the New Jersey court system. Even where an arbitration agreement is present, questions may arise regarding whether it covers the specific dispute or whether the provision itself is enforceable. Courts may be asked to decide those issues before arbitration proceeds. Carefully reviewing all governing business agreements early in a dispute helps determine the appropriate forum and may prevent unnecessary delays and additional litigation costs.