72/Plumbing Engineer September 2020
A party's knee-jerk reaction (or defense) to a lawsuit is often substantive - "I didn't do it," "The other party did it," or "The problem was caused by something else." Instead of looking at only the substance first, a litigant is well-served looking at procedural issues at the same time. Defenses such as the statute of limitations, statute of repose and stat- ute of frauds all readily come to mind. Lawyers look at all of these (if applicable), but they also look to see if there is a defense based on lack of jurisdiction. Buzzwords such as "minimum contacts," "forum state" and "jurisdiction consistent with due process" are all stud- ied in a first-year law school class on civil procedure. These concepts help ensure that it is fair for a litigant to be hauled into a specific court to defend a lawsuit. Since parties are typically able to move to dismiss for lack of jurisdiction very early on in a lawsuit, it pays to conduct a jurisdictional analysis promptly after being sued. l Steven Nudelman is a partner at the law firm of Greenbaum, Rowe, Smith & Davis LLP, with offices in Holmdel, Woodbridge, Toms River and Roseland, N.J., and New York City. He is a member of the firm's Litigation Department and its Construction, Community Association, Alternative Dispute Resolution, and Energy, Renewable Resources and Sustainable Development Practice Groups. He may be reached at snudelman@greenbaumlaw.com.
When you need the job done right, turn to Kusel for the peace of mind of industry-leading equipment that's built to perform and last in the real world. With a complete line of stainless drain products and the ingenuity and knowhow to create customized solutions to meet your exacting sanitary standards, you can always count on Kusel .
920.261.4112 Sales @ KuselEquipment.com
Cleanout KE Floor Drain Trench Drain
TRUSTED SOLUTIONS.
got flow?
Flow Regulators by Neoperl
Sizes 1/4" - 1" Flow 0.1 - 30 gpm Pressure 3 to 145 psi Global approvals
NEOPERL, Inc. Waterbury, CT info @ neoperl.com www.neoperl.com
Legal Pipeline
Previous Page