- Fosamax litigation is recognized by NJ courts…
Posted July 18, 2008, 1:27 pm by Michael L. Saile, Jr., Esq.
For any of you that have used the drug Fosamax, you should know that is has reportedly caused major damage to people's jaw bones, especially after there has been an injury to the jaw bone or dental work affecting the jaw bone. The New Jersey court system has just recognized Fosamax "mass tort" case status. This means that since the there have been so many lawsuits for injuries resulting from Fosamax in NJ, the courts give special attention to help manage these NJ injury cases. Other drugs...
- Real Estate Development From Beginning to End in New Jersey
Posted July 18, 2008, 1:08 pm
Gary S. Forshner, Shareholder in Stark & Stark's Real Estate Zoning & Land Use group will present at this year's Lorman Education Services seminar, Real Estate Development From Beginning to End in New Jersey. Mr. Forshner's presentation on Ethics in Land Use will be part of a full day seminar covering topics related to development in New Jersey including government approvals, redevelopment, construction financing and the purchase and sale agreement. The seminar will take place Friday,...
- RIDGEWOOD BERGEN COUNTY NEW JERSEY DIVORCE ATTORNEY
Posted July 18, 2008, 12:44 pm by Charles Abut
Tyco's imprisoned former chief, Dennis Kozlowski, and his second wife, Karen, have reached a divorce settlement. Mr. Kozlowski, 61, signed the papers at the Mid-State Correctional Facility in Marcy, New York, where he is serving eight-and-a-third to 25 years in prison after being convicted of helping to steal $137 million from Tyco. Karen Mayo is a one-time waitress who married Mr. Kozlowski in 2001 in Antigua. The couple's Boca Raton home will be on the market soon. The 15,000-square-foot...
- Consumer Fraud. Let the seller beware!!!
Posted July 18, 2008, 2:20 am
There is a phrase in Latin that means let the buyer beware, Caveat Emptor. New Jersey has abandoned this principle as it pertains to the Consumer Fraud Act. New Jersey through the Consumer Fraud Act has adopted a more ethical approach to sales. It is now the law that a person has the right to rely on representations made by another when dealing with that other person. The Consumer Fraud Act jury instructions specifically hold this to be true. 4.43 Consumer Fraud Act The seller now has the...
- CELEBRITY DIVORCES ASIDE - MARITAL FAULT IS NOT RELEVANT IN DIVORCE CASES
Posted July 17, 2008, 8:07 pm
With the slew of recent celebrity or notorious divorces in the news lately (i.e. Christie Brinkley, Jim McGreevey, Bill Murray, A-Rod, to name a few), one would think that adultery and other marital fault is really dealt with in the courts and that people are punished for these actions by a Court. Maybe they are in other states, but it is not particularly relevant in New Jersey. In fact, in 2005, the New Jersey Supreme Court, in the Mani v. Mani case, held that marital fault is irrelevant to...
- Good case or not?
Posted July 17, 2008, 7:47 pm by Michael L. Saile, Jr., Esq.
Yesterday, news broke about the case a was filed in Camden County, New Jersey regarding a doctor applying an unauthorized temporary tattoo. For those of you who may not know, there is a surgeon in New Jersey that leaves his patients a "special present" when they wake up from surgery. In this case a woman went in for spinal surgery and came out will a temporary type tattoo on her bikini line. The woman has reportedly filed a lawsuit against the doctor. Do you think this will be a good case or...
- The Importance of Payment for Common Expenses and Maintenance Fees in Community Associations
Posted July 17, 2008, 1:06 pm
Times are tough all over and those who live in community associations are no exception. When money is tight, some association members make paying their maintenance fees a low priority. This can be a big mistake because, if ignored, a small amount of delinquent maintenance fees can expand into an unexpectedly large debt. Each member of a community association is responsible for paying his or her share of the common expenses. Common expenses are things like snow removal, swimming pool...
- CAN AN ATTORNEY'S ETHICAL VIOLATION BE A CLIENT'S PROBLEM AS WELL?
Posted July 17, 2008, 12:42 am
Most people have heard or had experience with an attorney who's behaviors were, one could say, questionable. What most have not considered is what implications an attorney's unethical or questionable behaviors could have on them. The New Jersey Supreme Court has provided some guidance on this very topic in the recent decision of Brundage v. Estate of Carl V. Carambio. Carol Brundage hired her attorney to represent her in her claim for palimony against the estate of her deceased paramour. She...
- SOLE VS. JOINT LEGAL CUSTODY - IS IT WORTH FIGHTING ABOUT?
Posted July 16, 2008, 9:32 pm
A lot of times clients come in saying that they want full or sole custody of the children. This inevitably leads to a discussion regarding the distinctions between legal and residential custody. Legal custody is essentially involves decisions regarding children's health, education, religion and general welfare. With sole legal custody, one parent can make all of the decisions regarding these matters, though they have to consult the other parent in most cases. With joint legal custody, the...
- Illegal Search-Seven Exceptions to the Warrant Requirement
Posted July 16, 2008, 8:17 pm
As a general rule, warrantless searches are presumptively invalid and prohibited unless they fall under one of the various exceptions to the search warrant requirement. As set forth in the Supreme Court of New Jersey decision of State v. Hill, 115 NJ 169, 173 (1989) these exceptions relate to: 1) Motor vehicle searches under certain parameters; 2) Consent searches; 3) Exigent circumstances; 4) Search incident to arrest; 5) Plain view/Plain smell and related issues; 6) Investigative and...
- FLORHAM PARK MORRIS COUNTY NEW JERSEY DIVORCE LAWYER
Posted July 16, 2008, 5:00 pm by Charles Abut
The ex-husband appealed from various aspects of the New Jersey divorce judgment. He claimed the New Jersey divorce judge altered the language of the divorce judgment, denied him due process, "coerced" him to settle the case, wrongfully refused to recuse himself and his counsel provided ineffective assistance. Noting that courts favor the resolution of marital disputes through consensual agreements and finding that the parties had reached such an agreement, the Appellate Division rejected all of...
- JERSEY CITY HUDSON COUNTY NEW JERSEY DIVORCE ALIMONY ATTORNEY
Posted July 16, 2008, 3:32 pm by Charles Abut
The parties negotiated and signed a New Jersey Property Settlement Agreement. In it, the ex-wife agreed to a waiver of alimony. In her post-divorce motion, she sought to eliminate the alimony waiver and have alimony instated. This motion was denied by the New Jersey divorce judge and the Appellate Division now affirms. The ex-wife obtained all of the financial benefits she bargained for and she failed to establish any basis for the relief sought. Nardi, Jr. v. Nardi, New Jersey App. Div., July...
- Fed Ct Upholds Dismissal of Philadelphia Anti-gay Suit
Posted July 16, 2008, 2:28 pm
PHILADELPHIA, PA-A three-judge panel of the Third Circuit Court of Appeal affirmed the dismissal of the lawsuit against Philly Pride, Fran Price and Chuck Volz brought by members of Repent America. The Third Court's favorable opinion was issued in Startzell, et al. v. City of Philadelphia, et al., Case No. 07-0461. The Third Circuit affirmed that Repent America members interfered with Philly Pride's 2004 Outfest event, and that their claims against Philly Pride, Fran Price and Chuck Volz were...
- The Franchise Relationship: Trends in the Law
Posted July 16, 2008, 1:08 pm
Adam J. Siegelheim, member of Stark & Stark's Franchise group, was a participant in the June 2008 franchise roundtable for GC Mid-Atlantic Magazine, titled The Franchise Relationship: Trends in the Law. The panelists discussed topics related to the franchise industry including a discussion on the difference between a franchise and a license, what are the most common factors in disputes that arise among franchisors and franchisees and tips on how to how handle dispute resolution issues in a...
- New Jersey Supreme Court Makes "Bad Law" in Child Abuse Case, Denigrating Our Constitutional Right to Confront Our Accusers (Part 3)
Posted July 16, 2008, 1:00 pm
Part 3 of a 3-part series about the Right to Confrontation. By Peter B. Paris "Testimonial" or "Non-Testimonial": That is the Constitutional Question In Crawford, the Court's key point was that, if the out-of-court statement was "testimonial," it cannot be admitted in evidence without an opportunity to cross-examine the person who made the statement. But, the U.S. Supreme Court left the definition of "testimonial" for another day. That day came two years later in Davis and Hammon, in which the...
- MA Senate Votes to Allow Out-of-State Marriages
Posted July 15, 2008, 10:22 pm
BOSTON, MA-The Massachusetts Senate has voted to repeal a 1913 law used to bar same-sex couples from states which would not recognize their marriages from marrying in Massachusetts. The House is expected to vote this week. House Speaker Salvatore DiMasi (D) and Senate President Therese Murray (D) both support the repeal effort. If the bill passes the House Gov. Deval Patrick (D) has said he will sign it. The old law, which says marriage licenses cannot be issued to couples whose weddings would...
- Illegal Search-Did the Cop Have a Right to Search Me?
Posted July 15, 2008, 7:45 pm
During the period prior, during, and after you are arrested for and charged with possession of drugs, weapons, stolen property, etc., the police will have likely taken part in some search of your person, pockets, car, home or property. The question you may have, is whether it was a lawful search or illegal search. These answers will rise and fall on whether there is a valid exception to the search warrant requirement. If the search was illegal, counsel for the defendant can file a Notice of...
- New Jersey Department of Transportation's Transit Village Initiative
Posted July 15, 2008, 1:10 pm
The New Jersey Department of Transportation and New Jersey Transit have developed a program known as the Transit Village Initiative, which recognizes municipalities that are committed to redeveloping the area around a transit facility into a compact, mixed-use community. Once designated, a municipality may obtain technical assistance and financial benefits. New Jersey's Transit Village Initiative is an offshoot of the so-called "smart growth" policies first advanced by former Governor Christine...
- New Jersey Supreme Court Makes "Bad Law" in Child Abuse Case, Denigrating Our Constitutional Right to Confront Our Accusers (Part 2)
Posted July 15, 2008, 1:00 pm
Part 2 of a 3-part series about the Right to Confrontation. By Peter B. Paris The Historical Use of Exceptions to the Hearsay Rule to Erode the Right to Confrontation In 1980, when the U.S. Supreme Court decided Ohio v. Roberts, the Right to Confrontation began its twenty-four year decline. In Roberts, the Supreme Court greatly expanded the use of out-of-court statements in trials by giving trial judges the discretion to admit out-of-court statements without a live witness, so long as the judge...
- WESTFIELD UNION COUNTY NEW JERSEY DIVORCE MEDIATOR
Posted July 15, 2008, 11:40 am by Charles Abut
The ex-wife moved to compel the ex-husband to release to her 150 ounces of silver in accordance with their New Jersey divorce agreement. However, he claimed he had already complied. Although the New Jersey divorce judge found the ex-husband failed to rebut the ex-wife's prima facie case, the Appellate Division finds the matter must be remanded for a rehearing, because the trial judge entered unsupportable credibility determinations and conclusions on the merits of the claims. Myerowitz v....