General Equity Litigation

General Equity matters are heard in the Chancery division in the Superior Court of New Jersey. General Equity deals with cases where money alone is not the appropriate remedy. The relief sought in this Court is equitable. A Court is being asked to compel a party to act or not act. The relief sought may be that a Court direct that something occur or not occur.

Typically, General Equity cases are managed by one judge from start to finish, making the process much more efficient. The Court keeps control over its own docket. In the process, the Judge is much more actively involved in the case. This enables the Court to narrow the issues between the parties and assess the strengths and weaknesses of each party's case.

General Equity cases can be filed on an emergent basis and may have a quick turnaround time between the initiation of a case and the first hearing date. The basis of the Order to Show Cause is some irreparable harm will occur to the party seeking relief if the Court does not intervene quickly. As a result, attorneys must be able to act quickly on a client's behalf in either prosecuting or defending against the matter. Our attorneys are able to assist clients in emergent matters like this because of their vast experience in handling General Equity matters.

These types of cases may involve disputes among corporate shareholders, enforcing restrictive covenants in employment agreements, easements, cancellations of old mortgages, partitions, adverse possession, or the rescission of a contract. The most emergent applications in General Equity involves authorizing a Special Medical Guardian to make life and death decisions for immediate medical care, where an individual (usually in a hospital) has no next of kin readily available to make those types of decisions.

At Weiss, Tom & Trapanese, LLC, we are ready, willing and able to assist our clients with their cases in the Chancery Court. Our attorneys are uniquely equipped to deal with complex and time-sensitive matters in this Court. Our years of experience allow us to guide our clients in the right direction and secure relief in a timely manner.