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Articles by Robert B. Nussbaum
The Saiber Construction Law Column: April 2026
To assert a claim for fraud in New Jersey, a plaintiff must show (1) a material misrepresentation of a presently existing or past fact, (2) knowledge or belief by the defendant of its falsity, (3) an intention that the other party rely on it, (4) reasonable reliance on it by the other party, and (5) resulting damages.
The Saiber Construction Law Column: March 2026
A core legal principle that dates to Roman times provides, “ignorantia juris non excusat” – Ignorance of the law is no excuse! In other words, the law imputes knowledge of all laws to all people in a jurisdiction where a particular law applies. Although no one can be aware of every individual law, those working within certain professions should be aware of one New Jersey law in particular – the New Jersey Affidavit of Merit Statute.
The Saiber Construction Law Column: February 2026
An arbitration clause is a contractual provision that requires parties to resolve certain disputes through arbitration rather than in court. New Jersey has a very strong public policy which favors arbitration as a quick, cost-effective way of resolving disputes. However, there are instances in which a court will nevertheless decide against enforcing an arbitration provision.
The Saiber Construction Law Column: January 2026 | JD Supra
As discussed in a prior Saiber Construction Law Column, in New Jersey, the “economic-loss doctrine” bars tort claims when the plaintiff’s only damages are economic in nature because, when parties enter into a contractual relationship, a contractual remedy flows from contract, not tort.
The Saiber Construction Law Column: June 2025 | JD Supra
Source: MetroBuilders' Construction Law Column A statute of repose is a law that sets a fixed time limit after which a lawsuit cannot be brought regardless of when an alleged injury occurred or was discovered.
The Saiber Construction Law Column: May 2025 | JD Supra
Court rules typically govern, among other things, court procedures, filing requirements, and timelines/deadlines for filing papers. Failing to comply with court rules and procedures can lead to serious and potentially costly consequences which can affect the outcome of a case. A recent case decided by the Supreme Court of Nebraska demonstrated how serious failing to comply with procedural court rules can be for a litigant. In Peterson v.
Arkansas “Social Media Safety Act” Ruled Unconstitutional | JD Supra
On March 31, 2025, a judge of the United States District Court for the Western District of Arkansas, granted summary judgment for the plaintiff in NetChoice, LLC v. Griffin, a case in which NetChoice, an internet trade association, challenged Arkansas Act 689 – The Social Media Safety Act – (“Act 689”) on the grounds that Act 689 was unconstitutional under the First Amendment and vague.
The Saiber Construction Law Column: April 2025 | JD Supra
New Jersey law recognizes that the voluntary arbitration of civil disputes is generally favored, subject to certain exceptions. One exception occurs when a party to a contract containing an arbitration waives its right to compel arbitration by its actions or inactions. The New Jersey Appellate Division discussed these principles when it recently held that a construction company waived its right to compel arbitration in an action the construction company itself had filed in court.
The Saiber Construction Law Column: February 2025 | JD Supra
The Corporate Transparency Act was passed in 2021 and took effect January 1, 2024. The purpose of the act is to help combat money laundering, fraud, and terrorism by requiring certain non exempt private companies to report certain information about the company and its “beneficial owners” to FinCEN, the Financial Crimes Enforcement Network within the US Department of the Treasure.
The Saiber Construction Law Column: December 2024 | JD Supra
The legal concept of “privity of contract” is a common law principle which provides that only parties directly involved in a contract can enforce its terms or be held liable for its obligations. This means that third parties generally cannot enforce a contract, even if they were intended to benefit from it.
N.J. App. Div. Permits Teacher’s Defamation Suit Based on Social Media Posts to Proceed | JD Supra
On October 24, 2024, the Appellate Division in New Jersey issued a decision in Herman v. Muhammad affirming a trial court’s denial of a motion to dismiss a defamation and false light invasion of privacy action filed by a teacher against a woman who made Instagram and Facebook posts which were allegedly false and malicious. The social media posts concerned the alleged removal of a seven-year-old student’s hijab in class by the teacher.
The NetChoice Social Media Cases: Back to the Beginning | JD Supra
In a past Trending Law Blog post on November 1, 2023, we discussed how the Supreme Court of the United States granted petitions for certiorari in Florida’s NetChoice LLC v. Moody case and Texas’ NetChoice LLC v. Paxton matter. In Moody, the Eleventh Circuit upheld an injunction of Florida’s law regulating large social media companies and other internet platforms; in Paxton, the Fifth Circuit reversed a preliminary injunction of a similar Texas statute.
The Saiber Construction Law Column: June 2024 | JD Supra
With 24 states, including New Jersey, having legalized the recreational use of marijuana, it is not surprising that marijuana consumption poses significant challenges for all employers, particularly construction companies and builders concerned with job place safety and the use of heavy machinery and other equipment by employees. Employees working while under the influence marijuana could affect an employee’s performance and also lead to potential liability for the construction company.
The Saiber Construction Law Column: May 2024 | JD Supra
New Jersey’s version of The Uniform Enforcement of Foreign Judgments Act (“UEFJA”) permits “any judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit” to be filed with the Clerk of the Superior Court in New Jersey so judgments can be enforced in New Jersey. In March 2024, the Supreme Court of Utah decided Sunstone Realty Partners X LLC v.
The Saiber Construction Law Column: April 2024 | JD Supra
Source: MetroBuilders' Construction Law Column As set forth on its website, the Occupational Safety and Health Administration (“OSHA”) was created in 1970 “to ensure safe and healthful working conditions for workers by setting and enforcing standards and by providing training, outreach, education and assistance.” OSHA is part of the United States Department of Labor.
The Saiber Construction Law Column: March 2024 | JD Supra
Source: MetroBuilders' Construction Law Column Many construction companies, landscaping businesses and even homeowners hire “day laborers” – people, often immigrants, employed on a temporary basis. These workers are often found outside home improvement stores, through temporary agencies or at designated locations in a town.
Appellate Division Upholds Termination of Employee Based on Her Facebook Posts | JD Supra
On March 21, 2024, the New Jersey Appellate Division issued a decision in Zack v. Integra Lifesciences Corp. in which the court upheld the termination of a White woman based on public posts she made on Facebook during the protests of police violence following the murder of George Floyd. After other company employees reported being offended by the posts, Integra’s HR Department conducted an investigation, which included reviewing the plaintiff’s post and comments.
The Supreme Court Addresses When Public Officials Can Block Social Media Followers | JD Supra
On March 15, 2024, the Supreme Court of the United States issued decisions in Lindke v. Freed and Garnier v. O’Connor-Ratcliff, two cases which involved when public officials can block social media followers and delete their comments. The Lindke v. Freed case involved a City Manager (Freed) who deleted certain Facebook comments and then blocked Lindke, a critic of the city, who made comments on Freed’s Facebook page.
The Saiber Construction Law Column: February 2024 | JD Supra
Source: MetroBuilders' Construction Law Column In the April 2023 OnSite issue, the Saiber Construction Law Column discussed a 2022 case in which the Supreme Court of Maryland held that a party who hires an independent contractor is generally not liable to an employee of that contractor for injuries caused by the contractor’s negligence in performing the work for which it was hired. A similar issue was recently addressed by the United States District Court for the District of New Jersey.
The Saiber Construction Law Column: December 2023 | JD Supra
Source: MetroBuilders' Construction Law Column Courts may only hear and decide cases when they have been granted authority over particular matters and when they have personal jurisdiction over the parties to the matter. The U.S. Supreme Court has held that courts may exercise jurisdiction over a party when the party has “minimum contacts” with the state where the lawsuit has been filed.
The Supreme Court Addresses The First Amendment and Stalking via Facebook | JD Supra
On June 27, 2023, the Supreme Court of the United States decided Counterman v. Colorado, holding, among other things, that the First Amendment required the criminal conviction of a man found guilty of stalking a woman through Facebook to be vacated. In Counterman, the defendant “sent hundreds of Facebook messages” to a woman he never met and he formed new accounts each time the woman blocked him.
The Second Circuit, The Second Amendment, and Social Media | JD Supra
On December 8, 2023, the United States Court of Appeals for the Second Circuit decided Antonyuk v. Chiumento, a case which challenged many provisions of New York’s law regulating the public carrying of firearms, the Concealed Carry Improvement Act (“CCIA”), based on the Second Amendment.
The Second Circuit, The Second Amendment, and Social Media
Source: Trending Law Blog On December 8, 2023, the United States Court of Appeals for the Second Circuit decided Antonyuk v. Chiumento, a case which challenged many provisions of New York’s law regulating the public carrying of firearms, the Concealed Carry Improvement Act (“CCIA”), based on the Second Amendment.
The Saiber Construction Law Column: October/November 2023 | JD Supra
Source: MetroBuilders' Construction Law Column The duty to preserve litigation evidence arises when a party in possession of evidence knows that litigation by a party seeking the evidence is pending or probable, and the party in possession of the evidence can foresee the harm that would be caused to the party seeking the evidence if the evidence were to be discarded. “Spoliation of evidence” occurs when a party having a duty to preserve the evidence fails to preserve it.
U.S. Supreme Court Agrees Grants Certiorari in the Two NetChoice Cases | JD Supra
In past Trending Law Blog posts on August 13, 2021, November 17, 2021, December 16, 2021, and September 8, 2022, we discussed the two NetChoice cases that arose in Florida (NetChoice, LLC v. Moody) and Texas (NetChoice, LLC v. Paxton), which involved states’ efforts to control and/or regulate the online speech of social media platforms.
U.S. Supreme Court Stays Preliminary Injunction Entered Against Certain Federal Officials and Agencies | JD Supra
On May 5, 2022, plaintiffs – the States of Missouri and Louisiana as well as various private parties – filed suit against the President and various federal agencies and officials, alleging that popular social media platforms had either blocked plaintiffs’ use of the platforms or “downgraded” their posts regarding certain controversial issues.
The Saiber Construction Law Column: September 2023 | JD Supra
Source: MetroBuilders' Construction Law Column A forum selection clause is a contractual provision by which parties agree to establish venue – the location of the court – if a dispute arises between the parties. Forum selection clauses are generally enforced in New Jersey. On April 13, 2023, the Supreme Court of Mississippi, applying principles similar to New Jersey law, enforced a forum selection clause in a dispute between a builder and homeowners. In Luxe Homes, LLC v.
Wiretap Order, not a Search Warrant, Needed to Obtain Certain Information from Facebook | JD Supra
The April 18, 2022 Trending Law Blog post discussed how, in Facebook, Inc. v. State of New Jersey, the New Jersey Appellate Division held that a communications data warrant, rather than a wiretap order, was required for law enforcement officers to obtain “prospective electronically stored information” from Facebook users as part of an ongoing criminal investigation.
The Saiber Construction Law Column: June 2023 | JD Supra
Source: MetroBuilder's Onsite Magazine A statute of limitations is a law that sets the maximum amount of time that parties to a dispute have to file a formal legal proceeding to resolve the dispute. In New Jersey, the statute of limitations for bringing a professional negligence action which does not involve personal injuries is six years. Under most circumstances, a court will dismiss an action filed after the expiration of the statute of limitations.
The Supreme Court Declines Another Opportunity to Consider Section 230 | JD Supra
Just twelve days after Supreme Court of the United States issued a per curiam decision in Gonzalez v. Google LLC, in which the Court declined to address the application of §230 of the Communications Decency Act, 47 U.S. §230(c)(1) (“§230”) (discussed in the June 2, 2023 Trending Law Blog post) to social media platforms, the Supreme Court denied certiorari in the matter of Jane Does v. Reddit, Inc., a case decided on October 24, 2022 by the United States Court of Appeals for the Ninth Circuit.
The Supreme Court Declines Another Opportunity to Consider Section 230
Just twelve days after Supreme Court of the United States issued a per curiam decision in Gonzalez v. Google LLC, in which the Court declined to address the application of §230 of the Communications Decency Act, 47 U.S. §230(c)(1) (“§230”) (discussed in the June 2, 2023 Trending Law Blog post) to social media platforms, the Supreme Court denied certiorari in the matter of Jane Does v. Reddit, Inc., a case decided on October 24, 2022 by the United States Court of Appeals for the Ninth Circuit.
Section 230 Dodges Yet Another Judicial Bullet
As reported in prior Trending Law Blog posts, Section 230 of the Communications Decency Act, 47 U.S. §230(c)(1) (“§230”), has come under attack by politicians and members of the public who seek to remove the statute’s immunity provision which protects social media platforms when they are sued for re-publishing content on their websites from a third-party. On May 18, 2023, the Supreme Court of the United States issued a per curiam decision in Gonzalez v.
Section 230 Dodges Yet Another Judicial Bullet | JD Supra
As reported in prior Trending Law Blog posts, Section 230 of the Communications Decency Act, 47 U.S. §230(c)(1) (“§230”), has come under attack by politicians and members of the public who seek to remove the statute’s immunity provision which protects social media platforms when they are sued for re-publishing content on their websites from a third-party. On May 18, 2023, the Supreme Court of the United States issued a per curiam decision in Gonzalez v.
The Saiber Construction Law Column: May 2023 | JD Supra
Source: MetroBuilder's Onsite Magazine Many construction contracts contain arbitration provisions because arbitration is a faster and less expensive way to resolve disputes as compared to litigation. Thus, New Jersey’s public policy strongly favors arbitration as a means of dispute resolution. Accordingly, when a case has been arbitrated, a New Jersey court will only vacate an arbitration award under very limited circumstances as set forth in New Jersey’s Uniform Arbitration Act.
The Saiber Construction Law Column: April 2023 | JD Supra
Under New Jersey law, parties who hire independent contractor are not responsible for harm that occurs to the contractor’s employees as a result of the very work that the employee was hired to perform.
Social Media Influencer Sues Facebook and Twitter | JD Supra
In Hart v. Facebook Inc., et al., the United States District Court for the Northern District of California dismissed a social media influencer’s lawsuit against Facebook and Twitter for allegedly violating his First Amendment rights by flagging his posts and suspending his social media accounts. The influencer also sued President Joe Biden and Surgeon General Vivek Murthy in the same action for allegedly colluding with the social media platforms to monitor, flag, suspend and delete his posts.
Social Media Influencer Sues Facebook and Twitter
In Hart v. Facebook Inc., et al., the United States District Court for the Northern District of California dismissed a social media influencer’s lawsuit against Facebook and Twitter for allegedly violating his First Amendment rights by flagging his posts and suspending his social media accounts. The influencer also sued President Joe Biden and Surgeon General Vivek Murthy in the same action for allegedly colluding with the social media platforms to monitor, flag, suspend and delete his posts.
When Social Media Posts Are Discoverable in New Jersey | JD Supra
On March 16, 2023, the Appellate Division in New Jersey issued a decision in Davis v. Disability Rights New Jersey, which set forth guidelines for when a litigant’s private social media posts may be subject to discovery by the other party to the action.
The Saiber Construction Law Colum: March 2023 | JD Supra
Enacted in 2004, the Contractors’ Registration Act (the “Act”) requires all contractors in New Jersey to register annually with the Division of Consumer Affairs (“DCA”) if they are “engaged in the business of making or selling home improvements.” In Vascos Excavation Group LLC v. Gold, a case decided by the Court of Appeal of California in December 2022, a contractor paid a hefty price for failing to be licensed properly in California.
The Saiber Construction Law Column: February 2023 | JD Supra
Source: MetroBuilder's Onsite Magazine It has been several years since a New Jersey court has issued a decision relating to the New Jersey Construction Lien Law, but a recent case decided by the Supreme Court of Nebraska, Echo Group, Inc. v.
The Saiber Construction Law Column: January 2023 | JD Supra
Source: MetroBuilders' Onsite Magazine New Jersey courts recognize that every contract contains an implied covenant of good faith and fair dealing, which requires that neither party to the contract shall do anything which will have the effect of destroying or injuring the right of the other party to receive the fruits of the contract.
New Jersey Allows for Expedited Construction Inspections | JD Supra
On January 5, 2023, New Jersey Governor Phil Murphy signed into law an amendment to N.J.S.A. 52:27D-132 (which relates to, among other things inspections of construction projects by an enforcing agency). The amendment provides that if an enforcing agency is requested to perform a required construction inspection but cannot do so within three business days, the agency and owner may agree to a different date and time for the inspection.
New Jersey Allows for Expedited Construction Inspections
On January 5, 2023, New Jersey Governor Phil Murphy signed into law an amendment to N.J.S.A. 52:27D-132 (which relates to, among other things inspections of construction projects by an enforcing agency). The amendment provides that if an enforcing agency is requested to perform a required construction inspection but cannot do so within three business days, the agency and owner may agree to a different date and time for the inspection.
The Saiber Construction Law Column: November/December 2022 | JD Supra
In July 2022, the Supreme Court of New Jersey issued an opinion, Crystal Point Condominium Association, Inc. v.
The Supreme Court Gets a Second Shot at an Important First Amendment and Social Media Issue | JD Supra
The May 10, 2021 post The Donald Trump Twitter Case: Vacated and Dismissed as Moot by the Supreme Court reported how the U.S. Supreme Court dismissed Knight First Amendment Inst. at Columbia University v. Trump, in which the Southern District and Second Circuit found that then-President Donald Trump’s decision to block certain social media users from accessing his Twitter account was unconstitutional viewpoint discrimination.
The Supreme Court Gets a Second Shot at an Important First Amendment and Social Media Issue
The May 10, 2021 post The Donald Trump Twitter Case: Vacated and Dismissed as Moot by the Supreme Court reported how the U.S. Supreme Court dismissed Knight First Amendment Inst. at Columbia University v. Trump, in which the Southern District and Second Circuit found that then-President Donald Trump’s decision to block certain social media users from accessing his Twitter account was unconstitutional viewpoint discrimination.
The Saiber Construction Law Column: October 2022 | JD Supra
Source: Metro Builder's Onsite Magazine When it comes to contracts, New Jersey courts, like courts in other jurisdictions, enforce them according to their plain and ordinary meaning. So when a contract’s terms are clear, the court will enforce it as written. The Supreme Court of Washington recently applied these principles in Conway Constr. Co. v.
Will it be the End of §230 as We Know It? | JD Supra
Section 230 of the Communications Decency Act, 47 U.S.C. §230(c)(1) (hereafter “§230”), protects internet services, like Facebook, Twitter, and the like, from liability based on words used by third parties who use their platforms.
A Possible ‘High Noon’ for Social Media Platforms Looms at the Supreme Court | JD Supra
The August 13, 2021 Trending Law Blog post discussed how, in NetChoice, LLC v. Attorney General, State of Florida, the United States District court for the Northern District of Florida enjoined Florida from enforcing a law that targeted some, but not all, social media platforms based on the content of the speech hosted on their websites.
The Saiber Construction Law Column: September 2022 | JD Supra
Source: MetroBCA's OnSite Magazine In New Jersey, the “economic-loss doctrine” bars tort claims when the plaintiff’s only damages are economic in nature because, when parties enter into a contractual relationship, a contractual remedy flows from contract, not tort.
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