Song Law Firm · Practice Areas

New Jersey Litigation Attorneys

From contract disputes and partnership breakups to construction defects and complex commercial trials — Song Law Firm’s five-attorney litigation team represents Korean-American businesses and individuals in NJ Superior Court, federal court, and arbitration. Bilingual representation, end-to-end.

5LITIGATION ATTORNEYS
NJ · NY · D.N.J.BAR ADMISSIONS
EN · KODIRECT REPRESENTATION
Call 201-461-0031Case Evaluation

01 · LITIGATION TEAM

Five-Attorney Litigation Bench

Civil disputes turn on early strategy: forum selection, pleading discipline, discovery scope, and credible willingness to try the case. Song Law Firm’s five-attorney bench combines trial experience, government background, and bilingual client representation.

Joseph Song

Joseph D. Song

MANAGING PARTNER

Admitted in NJ, NY, TX, GA. Leads complex commercial litigation, partnership disputes, and cross-border matters involving Korean parties. Fluent Korean and English.

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Howard

Howard Z. Myerowitz

SENIOR ASSOCIATE

Former NJ Deputy Attorney General. Fordham Law J.D. Trial-tested through verdict in civil and quasi-criminal matters. Strong on motion practice and evidentiary record.

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Roy

Roy H. Mossi

SENIOR ASSOCIATE

30+ years of trial experience. NJ, NY, FL admissions. Argued before the NJ Supreme Court. Handles complex commercial trials and appellate practice.

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Stacey

Stacey Chung

SENIOR ASSOCIATE

Civil litigation, employment disputes, restraining-order proceedings, and matrimonial litigation. NJ-licensed. Bilingual Korean-English client advocacy.

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Joseph Cho

Joseph H. Cho

SENIOR ASSOCIATE

Commercial litigation, real estate disputes, and construction defect claims. Civil discovery and dispositive motion practice. NJ-licensed.

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02 · MATTERS WE HANDLE

Civil & Commercial Litigation

From single-plaintiff contract disputes to multi-party commercial trials — comprehensive representation in NJ Superior Court (Law Division), federal court (D.N.J., S.D.N.Y., E.D.N.Y.), and AAA/JAMS arbitration.

Breach of Contract

Commercial agreements, distribution and supply contracts, services agreements, and licensing disputes. NJ Uniform Commercial Code (Title 12A), six-year limitations under N.J.S.A. 2A:14-1, and specific-performance/expectation-damages analysis.

Partnership & Shareholder Disputes

Closely-held business breakups, oppression claims under N.J.S.A. 14A:12-7, derivative actions, buyout valuations, and fair-value appraisal. Korean-American family business disputes a regular focus.

Real Estate Litigation

Title disputes, easement and boundary actions, broker commission claims, landlord-tenant proceedings (LT-Section, Special Civil Part), and quiet-title actions. NJ Real Estate Brokerage Act (N.J.S.A. 45:15-1) applications.

Construction Litigation

Defect claims, mechanic’s lien enforcement, payment disputes, and warranty actions. Anti-fraud provisions of the NJ Consumer Fraud Act and New Home Warranty/Builder Registration Act compliance.

Consumer Fraud & Statutory Claims

NJ Consumer Fraud Act (N.J.S.A. 56:8-1) claims with treble damages and attorney-fee shifting. Truth-in-Consumer Contract Act, debt-collection violations, and unfair competition matters.

Appeals & Post-Judgment

Appellate practice before the NJ Appellate Division and Third Circuit. Post-judgment motion practice (R. 4:50), enforcement, contempt proceedings, and supersedeas bond strategy. Brief writing for record-bound review.

03 · CRITICAL MOMENTS

When to Engage Litigation Counsel

Most civil cases are won or lost in the first 60 days. Forum selection, demand letters, and document preservation set the trajectory before a complaint is ever filed.

1

Before the Demand Letter

A poorly drafted demand letter creates admissions. A well-drafted one positions settlement, anchors damages, and preserves leverage. Engage counsel before sending — not after.

2

When You Receive a Summons

NJ requires answer within 35 days of service (R. 4:6-1). Missing the deadline triggers default. Removal to federal court (28 U.S.C. § 1441) must be invoked within 30 days — once lost, lost forever.

3

Document Preservation Trigger

Anticipation of litigation triggers a litigation hold duty. Failure to preserve emails, texts, accounting records risks spoliation sanctions under Rosenblit v. Zimmerman. Issue a hold immediately.

4

Statute-of-Limitations Approach

NJ contract: 6 years. Personal injury: 2 years. NJ Consumer Fraud: 6 years. Some claims have shorter notice-of-claim periods (Tort Claims Act: 90 days). One missed deadline can extinguish the entire case.

04 · FREQUENTLY ASKED

Frequently Asked Questions

Direct answers from Song Law Firm’s litigation team on NJ civil procedure, costs, and strategy.

What’s the difference between NJ Superior Court, Special Civil Part, and Small Claims?
NJ trial-level civil courts are tiered by amount: Small Claims handles disputes up to $5,000 (simplified procedure, often pro se). Special Civil Part handles claims up to $20,000, with expedited discovery and faster trial dates. Superior Court — Law Division handles claims over $20,000 (no upper limit) under full NJ Court Rules (Part IV). Strategic choice of division affects discovery scope, attorney’s fees, and appeal rights.
How long does NJ civil litigation typically take?
From complaint to verdict: Special Civil Part averages 6–12 months; Superior Court averages 18–36 months; complex commercial cases often run 2–4 years. R. 4:24-1 sets discovery periods: Track I (150 days), Track II (300 days), Track III (450 days), Track IV (450+ days). Trial dates in Bergen and Hudson Counties currently average 24 months from filing for unprefenced tracks.
What are the NJ statutes of limitations?
Key periods: Written contract: 6 years (N.J.S.A. 2A:14-1). Oral contract / open account: 6 years. Personal injury / negligence: 2 years (2A:14-2). Property damage: 6 years. Defamation: 1 year. NJ Consumer Fraud Act: 6 years. Tort Claims Act (public entity): 90-day notice + 2-year suit. Real property recovery: 30 years. Discovery rule may toll where claim could not have been reasonably known.
What is fee-shifting, and when do I get attorney’s fees?
NJ follows the American Rule — each side pays its own fees — with statutory and contractual exceptions. Fee-shifting statutes: NJ Consumer Fraud Act (mandatory plus treble damages), NJ Law Against Discrimination, NJ Wage Payment Law, frivolous-litigation statute (N.J.S.A. 2A:15-59.1). Contractual fee-shifting clauses enforced unless unconscionable. Strategic claim-pleading often determines fee-recovery exposure.
Should I litigate in state court or remove to federal court?
If complete diversity of citizenship exists and amount in controversy exceeds $75,000, a defendant may remove to D.N.J. within 30 days under 28 U.S.C. § 1441. Federal vs. state choice affects judge assignment, jury pool, summary-judgment standards (Celotex trio in federal), and discovery scope (FRCP vs. NJ Court Rules). Removal is often strategic — not automatic.
What is mediation vs. arbitration in NJ litigation?
Mediation is non-binding settlement facilitation. NJ Superior Court Civil Division mandates mediation in most cases (R. 1:40-4). Mediator does not decide; parties retain control. Arbitration is binding adjudication outside court — AAA, JAMS, or court-annexed (NJ Track I/II auto-arbitration). FAA preempts state law where applicable. Arbitration awards have very limited judicial review (9 U.S.C. § 10).
What does discovery cost in a NJ civil case?
Discovery is typically the largest cost. Routine business case: $15,000–$60,000 in attorney time, plus deposition transcripts ($800–$2,500 each), e-discovery hosting ($200–$1,500/month), and expert fees. Complex commercial cases regularly exceed $250,000 through discovery. Strategic proportionality objections (R. 4:10-2(g)) and protective orders can contain cost dramatically.
Can I recover damages for emotional distress in a contract case?
Generally no. NJ follows Picogna v. Board of Education — emotional distress damages are not recoverable for pure breach of contract. They are recoverable in: (1) tort claims (negligent or intentional infliction of emotional distress), (2) statutory claims (NJ LAD, Consumer Fraud), (3) breaches affecting peace of mind contracts (rare). Pleading strategy frequently determines damage scope.
What is a TRO and when do I need one?
A Temporary Restraining Order (TRO) under R. 4:52 is an emergency injunction to preserve status quo until a preliminary injunction hearing. Requirements: (1) irreparable harm, (2) likelihood of success, (3) balance of equities, (4) public interest. Common uses: trade-secret protection, non-compete enforcement, asset preservation, construction stoppage. Filed with verified complaint and order to show cause. Bond typically required.
I lost at trial. Can I appeal?
Generally yes. NJ Appellate Division reviews trial-level decisions. Notice of appeal must be filed within 45 days of final judgment (R. 2:4-1). Appeal is on the record — no new evidence. Standards of review vary: legal questions (de novo), factual findings (clearly erroneous), discretion (abuse of discretion). Federal appeals go to Third Circuit within 30 days. Supersedeas bond may stay enforcement.
How do contingency, hourly, and flat fees work?
Contingency (typical NJ percentages: 25%–33%) used in PI, certain employment/consumer cases — rule-bound under R. 1:21-7. Hourly (most common for commercial litigation) — partner rates $400–$650, associate $250–$425. Flat fees used for predictable matters (filing a complaint, motion to dismiss). Hybrid arrangements (reduced hourly + success fee) increasingly common for mid-sized commercial cases. Engagement letter governs.
What is a litigation hold and when must I issue one?
A litigation hold is a written instruction to preserve documents — emails, texts, accounting records, surveillance video, business records — relevant to anticipated litigation. The duty arises when litigation is reasonably foreseeable, not just when filed. Spoliation sanctions under Rosenblit v. Zimmerman can include adverse-inference jury charges, evidentiary preclusion, or dismissal. Issue holds in writing, monitor compliance, document the process.

05 · AREAS WE SERVE

Service Areas — NJ · NY · Federal

From the Fort Lee office, we appear in all NJ Superior Court vicinages, federal court (D.N.J., S.D.N.Y., E.D.N.Y.), the NJ Appellate Division, and AAA/JAMS arbitration venues.

New Jersey

Superior Court — Law Division and Chancery Division across Bergen, Hudson, Essex, Middlesex, Union, Passaic, Morris, and Monmouth Counties. Special Civil Part and Small Claims throughout the state.

Appellate: NJ Appellate Division, NJ Supreme Court (cert. and constitutional questions).

New York · Federal

NY Supreme Court (commercial division), federal courts: D.N.J. (Newark, Trenton, Camden), S.D.N.Y., E.D.N.Y., Third Circuit.

Arbitration: AAA, JAMS, court-annexed NJ Track I/II auto-arbitration.

Office: Parker Plaza, 400 Kelby St, 19th Floor, Fort Lee, NJ 07024.

06 · LATEST COLUMNS

Litigation Columns

Latest insights from Song Law Firm.

07 · RECENT RESULTS

Recent Success Stories

Selected case outcomes.

08 · CASE EVALUATION

Confidential Case Evaluation

If you’ve been served, are considering suit, or face a partnership or contract dispute — Song Law Firm provides a confidential, no-obligation initial evaluation. Attorney-client privilege attaches from the first conversation.

PHONE
201-461-0031
EMAIL
litigation@songlawfirm.com
OFFICE
Parker Plaza
400 Kelby St, 19F
Fort Lee, NJ 07024
HOURS
Mon–Fri 09:00–18:00
after-hours intake for urgent matters
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