A Midsummer’s Refresher in Chancery
Category: On Demand
Member Price: $220
Non-Member Price: $275
Product Code: ON161025
Areas of Law: Equity Jurisprudence
CLE Credits
| NJ CLE: | NJ CLE information: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 4.5 hours of total CLE credit (Full Credits Available: NJ General: 4.5). |
| NY CLE (t&nt): | NY Professional Practice Non-Transitional: 4.5 |
| PA CLE: | PA Substantive Credit: 3.5
New: No PACLE fee is required for this program. To earn PA CLE credits, a valid PA Bar ID number must be entered into the CLE form provided after attending the program. |
Faculty
Keynote
Moderator
- Hon. Harriet F. Klein, J.S.C. (Ret.)
- Wilson Elser Moskowitz Edelman & Dicker LLP
Presenters
- Hon. Mary K. Costello, P.J.Ch.
- New Jersey Superior Court, Hudson County
- Hon. James J. DeLuca, J.S.C. (Ret.)
- Harwood Lloyd, LLCis counsel at Harwood Lloyd LLC in Hackensack and Ridgewood, New Jersey, and New York City, and brings 45 years of legal experience to the firm’s Alternate Dispute Resolution and Mediation Group. He focuses in mediation and arbitration services, and also manages complex litigation, including serving as a Special Discovery Master and Special Fiscal Agent and/or Receiver. Appointed to the New Jersey Superior Court in 2015, he served in the Law and Chancery Divisions and sat in Hackensack, New Jersey, prior to his retirement.
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nJudge DeLuca is admitted to practice in New Jersey, New York and North Carolina. Prior to being appointed to the bench, he was a Partner in Okin, Hollander & DeLuca, LLP, where he represented clients in commercial litigation, bankruptcy, arbitrations and mediations. He is a frequent lecturer on chancery and probate matters.
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nJudge DeLuca is a graduate of Queen’s College (City University of New York) and Notre Dame Law School.
n(9/23) - Eric I. Abraham, Esq.
- Hill Wallack LLP, Princeton
- Danielle Schweizer, Esq.
- Associate, Wilentz Goldman & Spitzer, Scotch Plains
Ever wonder what goes on in the general equity courtroom? This course is designed to answer that question and demystify the legal process that lands a case at the feet of the judge hearing chancery, foreclosure and probate matters. You will get some historical perspective, equity jurisprudence and practice tips on successful litigation in the Chancery Division. The material will be appropriate for newcomers to chancery, occasional practitioners as well as seasoned practitioners seeking to refresh their skill sets. Come join us for a midsummer’s refresher in chancery.
Program Agenda
- 9:00 | Introduction - Hon. Harriet F. Klein, J.S.C. (Ret).
- 9:05 | An Overview of General Equity - Hon. James J. DeLuca, J.S.C. (Ret.)
- History of the lord chancellor and courts of general equity in England
- Separation of law from equity in the 1948 New Jersey Constitution
- Judge as the finder of fact – no right to jury trial
- 9:30 | Chancery Division dockets; How cases come into Chancery – Hon. Mary K. Costello, P.J. Ch.
- Foreclosure docket (F-Docket)
• Statewide docket
• Assigned by Foreclosure Unit (Trenton)
- Chancery docket (C-Docket)
• Vicinage-based docket
• Organization by vicinage
- Probate Docket (CP-Docket)
- Contested cases come through County Surrogate’s Court - 10:15 | The Specific Types of Cases brought in the Chancery Division - Eric I. Abraham, Esq. and Danielle A. Schweizer, Esq.
General rule for chancery jurisdiction: existence of ongoing dispute where the Court’s intervention is needed to prevent “irreparable harm”; damages after the fact will not provide complete relief:
- Specific performance: compelling a party to fulfill a contractual obligation.
- Business dissolution: resolving disputes related to "business divorces."
- Trade secret protection: enforcing agreements for confidentiality and protection of matters outside the public domain.
- Restrictive covenants: enforcing agreements that limit the use of property.
- Labor Injunctions: Ordering a party to cease certain actions, such as a strike.
- Easements: Enforcing rights of way across property.
- Rescission of contracts: canceling a contract due to fraud, duress, or other reasons.
- Foreclosures: mortgage foreclosures, tax foreclosures, and condominium lien foreclosures.
- Quit title actions: resolving contested claims to title to property.
- Partition suits: dividing real property among co-owners.
- Adverse possession cases: determining ownership based on long-term or open (“notorious”) occupation.
- Cancellation of mortgage cases: challenges to the validity of a mortgage.
- Reformation: modifying a contract based on various grounds including mutual mistake.
- New Jersey Oppressed Minority Shareholders Act, N.J.S.A. 14A:14-7; grounds for “buy-out” remedy.
- Miscellaneous disputes where the court’s intervention is invoked to compel a party to act or refrain from acting (e.g., in disputes among shareholders in a closely-held corporation).
- 11:15 | Break
- 11:25 | Injunctive Relief in Chancery – Law and Procedure
- Standards for injunctive relief- Eric I. Abraham, Esq. and Danielle Schweizer, Esq.
- Process for disposition of requests for TRO and/or PI in General Equity – R. 4:52-1 et seq. - Hon. Harriet F. Klein, J.S.C. (Ret.)
- Distinctions between cases instituted by Summons and Complaint, and those by order to show cause
- Summary actions – R. 4:67
- Situations where injunction is sought after institution of case
- 12:15 | Other Equitable Remedies and Maxims - Hon. James J. DeLuca, J.S.C. (Ret.) and Hon. Mary K. Costello, P.J.Ch.
- Special masters, special fiscal agents, receivers
- The maxims of equity - 12:40 | Procedural and Substantive Issues - Entire Panel
- Maintaining and losing chancery jurisdiction
- Transfers in/out of chancery
- Individual case management in general equity
- Trial practice in general equity
- Settlement conference issues
- 1:00 | Adjourn