There is a developing trend among courts of making choice of forum clauses in franchise agreements presumptively invalid

Article Abstract:

Franchise agreement forum selection clauses are increasingly held to be presumptively invalid in litigation between franchisors and franchisees. Courts have begun to view this type of clause as representative of the unequal bargaining power between franchise parties, since franchisors typically have greater financial and legal resources available than do franchisees. Forum clauses favor franchisors, who often push for their inclusion in franchise agreements, but some courts have held such clauses to be presumptively invalid because of this imbalance.

Lessors of Nonfinancial Intangible Assets (except Copyrighted Works), Patent owners and lessors, Franchising, United States, Contracts, Franchises, Jurisdiction

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Attorney negligence in commercial transactions: an ever widening spectrum of liability

Article Abstract:

Allowing negligence suits to be brought against attorneys involved in commercial transactions by third parties places the attorneys in an untenable position and will chill business negotiations. The New Jersey Supreme Court found in Petrillo v. Bachenberg that an attorney that failed to disclose information to others involved in a real estate deal could be sued by the other parties for economic negligence. Imposing a duty of disclosure to third parties compromises the attorney's ethical obligation to represent his clients zealously.

Legal services, Attorneys, Offices of Lawyers, Economic aspects, Lawyers, Practice, Negligence, Commercial law, Malpractice, Third parties (Law), Legal malpractice, states

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New Jersey Supreme Court rules that foreclosing mortgagees are subject to the Anti-Eviction Act in residential mortgage foreclosure actions

Article Abstract:

The New Jersey's Supreme Court has held that the state's Anti-Eviction Act applies to residential tenants, including holdovers, who face eviction by foreclosing mortgagees, regardless of when the tenancy started. This decision is flawed in its understanding and application of the amended Act, which implies that foreclosing mortgagees should be excluded. Such public and social policy decisions, which create additional burdens for lenders and landlords, are better handled by the state legislature than by the courts.

Cases, Foreclosure, Eviction

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