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New Jersey Law Blog New Jersey Law Blog

Home of the New Jersey Legal Update - a weekly podcast discussing court decisions issued that week and what those decisions mean for businesses in the state.

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Last Entry: August 27, 2014 at 10:17:01

Recent Entries: 330

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Future Care for Your Special Needs Child

Posted on August 27, 2014
Like many of you who may be reading this blog, I have experienced the trauma of having a child diagnosed within the Autism Spectrum. This blog is not limited to those who have children within the Autism Spectrum, as the advice I am providing is also applicable to other types of diagnoses which might render your child a special needs child...


Are Fines an Effective Tool for Franchisors?

Posted on August 12, 2014
A common question that we receive from our franchisor clients is, 'Can we update our FDD and franchise agreement permitting the franchisor to impose fines on franchisees for non-compliance?' The simple answer is that while you can update your documents to permit the imposition of fines, the real question franchisors should be asking is, 'Are fines an effective tool to minimize instances of non-compliance with System standards?' Recently, a hotel received unwanted attention for its policy of imposing wedding couples a $500 fine for every negative Yelp or other social media site review posted online by their guests...


College-Age Child's Refusal to Interact with Parent May Affect the Parent's Obligation to Pay College Expenses

Posted on July 07, 2014
The responsibility of college education expenses between divorced parents is often a source of conflict, and many times the parties end up back in court even though they have been divorced for years. Although New Jersey law obligates divorced parents to contribute to their children's college education expenses, a recent lower court case dealt with the issue of a parent's responsibility if the child wants nothing to do with that parent...


New Jersey Collaborative Law Act Passes Both Houses of Legislature

Posted on July 02, 2014
In June, both the New Jersey Senate and Assembly passed the New Jersey Family Collaborative Law Act, which is now awaiting Gov. Christie's signature. I have written much about the benefits of Collaborative Divorce in articles and blogs contained on this website...


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Counsel Fees in Estate Litigation

Posted on June 25, 2014
In a recent Appellate Division Case, in the matter of the Estate of Folcher, the Appellate Division upheld an award of counsel fees to the Estate's attorney which was very significant in nature. In fact, the counsel fees which were awarded exceeded the claim of the decedent's wife, who was attempting to defraud the Estate...


Law Suits Against a Private School v. Law Suits Against a Public School

Posted on June 25, 2014
If a party is deciding whether or not to sue a public or private school, there is an important distinction which must be considered prior to filing the suit. Unlike public schools, which are generally treated as government institutions and are subject to constitutional, substantive and procedural protection, private schools and the relationship with their students are often governed by contracts...


Gary Forshner Named Chair of Land Use Section of the New Jersey State Bar Association

Posted on June 25, 2014
Stark & Stark is proud to announce that Shareholder Gary S. Forshner, member of the firm's Real Estate, Zoning & Land Use Group, has been named chair of the Land Use Section of the New Jersey State Bar Association (NJSBA). The appointment was confirmed yesterday evening at the NJSBA Land Use Section's Annual Dinner, held at the New Jersey Law Center in New Brunswick, New Jersey...


A Look into Los Angeles Clippers' Owner Donald Sterling's Lawsuit against the NBA

Posted on June 20, 2014
On May 30, 2014, Los Angeles Clippers owner Donald Sterling filed a civil suit against the National Basketball Association and its commissioner, Adam Silver, in the United States District Court for the Central District of California, Western Division...


New Jersey Appellate Court Reverses Trial Court and Remands Member Deadlock Case to Binding Arbitration

Posted on June 04, 2014
On May 22, 2014, the New Jersey Appellate Division reversed a trial court's denial of a motion to compel deadlocked members of a limited liability company to arbitrate their disputes in accordance with the governing operating agreement. Comando v. Nugiel, 2014 N...


Appropriateness of Independent Medical Examinations in LTD Claims

Posted on June 03, 2014
A recent New Jersey Appellate Division decision in Kohler v. Life Insurance Company of North America and Best Med Consultants, Inc., addressed a disability insurance carrier's right to have a disability claimant examined through a so-called "independent medical examination ('IME')...


Mediation: Having an Open Mind Can Help Achieve a Settlement

Posted on May 29, 2014
"There is no use trying," said Alice; "one can't believe impossible things," "I dare say you haven't had much practice," said Queen. "When I was your age, I always did it for half an hour a day. Why, sometimes I've believed as many as six impossible things before breakfast...


What Typically Qualifies As A College Contribution Expense?

Posted on May 23, 2014
It is that special time of year, caps and gowns are being handed out and high school graduations are just around the corner. While I remember this exciting time in my life with fond memories, as a matrimonial attorney, I am getting prepared for an influx of phone calls and emails from individuals regarding which college expenses they are responsible...


Challenging an IEP

Posted on May 23, 2014
As you are likely aware, IEP stands for Individualized Education Program. An IEP is a written plan, which sets forth in detail the special education needs of a particular child. In general, an IEP is formulated by a school's Child Study Team, a Case Manager and a School District Representative...


Join Stark & Stark at the NRA Show 2014

Posted on May 14, 2014
Stark & Stark's Franchise Group will be located at booth 4768 during the NRA Show 2014 from May 14-20, 2014, in Chicago, Illinois. At the event, Shareholder Adam J. Siegelheim will moderate and speak at the seminar, 'How to Franchise Your Restaurant to Others: The Process Untangled,' which will be held in room S404d on Monday, May 19, from 11:30 AM – 12:30 PM...


Beware of the "Child Support" Trap When Negotiation Alimony

Posted on April 28, 2014
A major tax benefit for persons paying alimony is that such payments are tax deductible to the payer, however, as the recently decided case of Johnson v. Commissioner of Internal Revenue demonstrates; there are serious pitfalls if an alimony termination event is linked to a 'child achievement milestone...


New Legislation Seeks to Curtail Pre-Employment Credit Checks

Posted on April 25, 2014
Countless people have been affected by the harsh economic times of the past several years.  Many were unable to meet their financial obligations and stopped paying their bills which ultimately resulted in diminished credit ratings.  In turn, job prospects also diminished...


$100 Million Settlement of Lawsuits Against Merck & Co. Over NuvaRing

Posted on April 18, 2014
Stark & Stark attorney Stefanie Colella-Walsh, member of the firm's Litigation, Insurance Coverage & Liability, Intellectual Property and Mass Torts Groups, was quoted in the New Jersey Law Journal article, 'NuvaRing Global Settlement Near as Plaintiffs Close to Opt-In Threshold,' published on April 10, 2014...


Stark & Stark Shareholders Recognized as "Legal Eagles" by Franchise Times

Posted on April 08, 2014
Stark & Stark would like to congratulate Shareholders Adam J. Siegelheim, Rachel Lilienthal Stark and Eric S. Goldberg for being recognized by the Franchise Times as 2014 Legal Eagles. Legal Eagles are selected from nominations by their peers and clients and recognized as the best lawyers in franchising...


Considerations in the Craft Distillery Licensing Process

Posted on February 28, 2014
In an earlier entry, the new Craft Distillery License was reviewed, which became effective for issuance December 1, 2013.  Generally, this license presents a cost-effective option for artisan distillers to establish operations within the State.  It also provides distillers the opportunity to generate revenues at their licensed premises by permitting them to offer their products for retail sale direct to consumers for on or off premises consumption...


Stark & Stark to Host ICSC PA/NJ/DE Government Relations Legislative Breakfast

Posted on January 30, 2014
Stark & Stark will host the International Council of Shopping Centers (ICSC) Government Relations Legislative Breakfast on February 10, 2014.  The event will feature New Jersey State Senator Raymond J. Lesniak and Assemblyman Anthony M. Bucco as speakers, and will be moderated by Shareholder Eric S...


Third Tier Roadways within Community Associations are Entitled to Reimbursement Under Municipal Services Act

Posted on January 28, 2014
A recent trial court decision in Ocean County held that all roadways within a qualified private community - such as a homeowners association or condominium association - which provide access to units and function as roadways are eligible for reimbursement under the Municipal Services Act...


The Joint Accounts and Multi Party Deposit Account Act

Posted on December 23, 2013
Often times, in order to simplify writing checks on behalf of an elderly individual or one whose capacity may be failing, individuals may agree to open a joint account which would then permit the person who is providing assistance to write checks on behalf of the individual who actually has deposited the funds into the account...


College Contribution

Posted on December 13, 2013
In New Jersey, college costs and child support for an unemancipated child are generally considered as two discrete, yet related obligations imposed on parents.  The duty of parental support may include responsibility for the higher education costs of unemanicipated children...


What Percentage of a Business Subject to Equitable Distribution is a Non-Owning Spouse Entitled To?

Posted on December 03, 2013
Once the value of a business interest is established for equitable distribution purposes, the percentage interest attributable to the non-owning spouse must then be determined. There is no rule of thumb that a non-owning spouse is entitled to 50%.  In fact, courts have pointed out a fifty-fifty split is not favored since the vast majority of work and personal effort is usually accomplished by the owning spouse...


Grandparent Visitation--A High Hurdle Gets Higher

Posted on December 02, 2013
On November 25, proposed legislation to toughen up visitation rights of grandparents and siblings moved one step closer to final passage by vote of the Assembly Judicial Committee. The proposed bill, known as A-2945, would codify a decade old court decision holding that such applicants would be granted visitation over the objection of the custodial parent only if they can prove that a denial would be harmful to the child*...


Hawaii Legalizes Same-Sex Marriage and New Jersey Surprises

Posted on November 27, 2013
In Hawaii, on November 7, a circuit court judge allowed the state's legislature to pass Hawaii's new same-sex marriage law. This makes Hawaii the fifteenth state along with Washington, D.C. to allow same-sex marriages, with other states like Illinois pending this week...


Does Cohabitation Automatically Terminate Alimony In New Jersey?

Posted on November 14, 2013
I cannot count the number of times that a client has sat in my office and told me that their ex-spouse is currently living with a member of the opposite sex and this fact alone should terminate their alimony obligation.  While it may sound like a logical premise to some that alimony should automatically terminate upon an ex-spouse's cohabitation, New Jersey divorce law views the matter from a much different perspective...


Same Sex Marriage (and Divorce)

Posted on October 24, 2013
Well, the wait is over.  As a result of New Jersey recognizing same sex marriage, some same sex couples will eventually join the ranks of the not-so-happily married and participate in that exhausting experience known as a contested divorce. The playing field is leveled and yet problems persist...


Marital Settlement Agreements- It's all in the Details

Posted on October 10, 2013
In a recently decided case, the Appellate Division of the New Jersey Superior Court affirmed a lower court ruling that the language in a Marital Settlement Agreement governed modification of child support despite, in the absence of such language, clear cut New Jersey law to the contrary...


New Rules for Commercial Arbitration

Posted on September 25, 2013
Many franchise agreements require mandatory arbitration of disputes, and a substantial number fall under the supervision of the American Arbitration Association ('AAA'). The AAA has issued revised Commercial Arbitration Rules that will apply to cases filed as of October 1, 2013...


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