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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: March 31, 2011 at 10:04:08

Being Finicky about Products and Materials Selection Criteria Is Essential to Creating a Genuinely Green Home

Posted on July 29, 2010
When contracting to build a high-performance home that is worthy of the label "green," it is essential for the future homeowner to have someone on the project team who has experience in and understands energy-efficient building materials, appliances and products...

Policing Unfair and Deceptive Environmental Product Claims in Advertising

Posted on July 22, 2010
Vincent J. Mangini, Shareholder in Stark & Stark's Real Estate, Zoning & Land Use Group, authored the article, Environmental Law: Policing Unfair and Deceptive Environmental Product Claims in Advertising, for the July 19, 2010 New Jersey Law Journal...

Identifying the Party on the Project Team Responsible for Green Building Certification

Posted on July 15, 2010
A person seeking to achieve certification for an energy-efficient structure under a particular green building rating system, such as the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) Green Building Rating System should delegate to a qualified member of the project team the responsibility for assembling, reviewing and managing all required documents and obtaining certification at the desired rating level, as specified in the project manual for the proposed structure...

Error Alone is not Sufficient for Relief Under the Correction of Errors Statute

Posted on July 05, 2010
My blog post dated January 28, 2008, provides an overview of the New Jersey Correction of Errors Statute and explains when a property owner is entitled to go back in time and get a refund due to an error made by a tax assessor. On June 22, 2010, the Appellate Division of the Superior Court of New Jersey once again confirmed the legal principal that an error alone is not enough for relief - the correction must also be self-evident...

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Managing Risk in Green Building Contracts

Posted on July 01, 2010
Managing risk is crucial for anyone who seeks to construct a high performance building, especially with respect to the attainment of certification under a green building rating system, such as the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) Green Building Rating System, or the receipt of grants or tax credits for the installation of energy-efficient improvements or renewable energy facilities...

Policy Lay-offs In New Jersey Contemplated

Posted on June 18, 2010
According to last week's Trenton Times, 50% of the State's municipalities plan to lay off police officers this fiscal year, with most of the lay-offs occurring before June 30, 2010. A layoff of police officers would seem to be the last thing a municipality would want to do, however, the individuals who make these kind of choices are generally not police officers...

StarK & Stark Attorney To Present SCORE Seminar on Legal Considerations for Small Businesses

Posted on May 19, 2010
Cary S. Kvitka, member of Stark & Stark's Business & Corporate and Franchise Groups, will present a seminar entitled, Legal Considerations for Small Businesses, for the Greater Princeton Area SCORE. The seminar will be held Tuesday May 25, 2010 from 6:45 – 8:45 PM at the South Brunswick Public Library...

Stark & Stark Shareholders Present Legal Update on Important and Precedent-Setting Legal Decisions and how they Impact Condominiums, HOAs and Co-Ops

Posted on May 14, 2010
Shareholders and Co-Chairs of Stark & Stark's Community Association Group, David J. Byrne and A. Christopher Florio, and Stark & Stark Construction Litigation Group Chair, Donald B. Brenner, presented materials updating everyone on recent and important legal decisions...

NJ EnergyStar Homes Program Offers Builders Generous Financial Incentives

Posted on May 13, 2010
The NJ EnergyStar Homes Program offers builders generous financial incentives to construct residential dwellings that are at least 15% more efficient than homes built in accordance with the 2006 International Energy Conservation Code (IECC 2006) provided that they are located in a Smart Growth Area (i...

New Jersey Appellate Court Rules Municipality is not Responsible for Water Lines, Within a Private Community, Situated in Private Property

Posted on May 10, 2010
A Montclair, New Jersey Condominium lost its bid to force Montclair to maintain and otherwise care for the water lines between the public right of way along the public roads inside the condominium, and the relevant shut off valves. A 'curb box' is the housing of an underground shut-off valve linking the main water lien to the service lines which, in turn, are linked to each dwelling...

Buying Assets From a Troubled Company

Posted on May 05, 2010
Rachel Lilienthal Stark, Shareholder in Stark & Stark's Business & Corporate and Banking & Financial Services Group authored the article, Buying Assets From a Troubled Company, for the April 2010 edition of Mercer Business Magazine...

Modification of Custody & Parenting Time

Posted on May 04, 2010
In all cases where custody and/or parenting time is an issue, the New Jersey Court Rules require the Judge to refer the all parties to mediation through the Court to address these issues. If that mediation is unsuccessful, the parties may participate in Custody Neutral Assessment, or a Custody Evaluation...

New Law Prohibits Inclusion of Solar Panels in Calculation of Impervious Coverage

Posted on April 30, 2010
On April 22, 2010, Governor Chris Christie signed Senate bill S921 into law, as P.L. 2010, c.4, which amends numerous state laws, including the Municipal Land Use Law, as to the calculation of impervious coverage. Specifically, this new law requires that solar panels be excluded from the calculation of impervious coverage and defines the term "solar panel" to include 'an elevated panel or plate, or a canopy or array thereof, that captures and converts solar radiation to produce power, [but] excludes the base or foundation of the panel, plat, canopy or array...

Stark & Stark Shareholder Presents Seminar on a Developer's Use of Governing Documents to Ensure the Smooth Transition of a "PREDFA-EXEMPT" Project

Posted on April 21, 2010
David J. Byrne, Shareholder and Co-Chair of Stark & Stark's Community Association Group, presented materials related to those New Jersey communities that are "exempt" from New Jersey's Planned Real Estate Development Full Disclosure Act (PREDFDA) and the transition of them to owner control and responsibility...

A Primer on Green Leases: Special considerations that permeate the negotiation process

Posted on March 02, 2010
Vincent J. Mangini, Shareholder in Stark & Stark's Real Estate, Zoning & Land Use Group, authored the article A Primer on Green Leases: Special considerations that permeate the negotiation process for the March 1, 2010 edition of the New Jersey Law Journal...

When A Subcontractor Should File & Perfect a Lien Claim

Posted on February 19, 2010
In today's harsh economic climate, a general contractor or subcontractor is often faced with non-payment from a project owner. The question then becomes what is the best fashion in order to collect the unpaid balance which is due the general contractor or subcontractor...

Stark & Stark Employment Group Chair Comments on Protocol for Broker Recruiting

Posted on February 04, 2010
Stark & Stark Employment Group Chair, Thomas B. Lewis, was quoted in the January 20, 2010 RIABiz.com article, Broker protocol may be endangered by complexities as membership starts to explode. Although recently, a large number of firms have joined the Protocol for Broker Recruiting, three big companies have put limits on the extent to which the no-fault poaching truce applies to them...

Governor Corzine Signs Solar Farm Bill

Posted on February 04, 2010
On January 16, 2010, just prior to leaving office as Governor, Jon Corzine signed into law what I am going to refer to as the "solar farm bill" (P.L. 2009, c. 213), which authorizes a person who owns preserved farmland to install and operate biomass, solar or wind energy generation facilities, structures and equipment on the farm for the purpose of generating power or heat...

Summertime Family Law Issues

Posted on February 03, 2010
In this installment of Legal Lines, Stark & Stark Divorce attorney, David Beaver, addresses various issues that commonly arise between divorced individuals during the summer months. These tips will hopefully help keep the potential tension level between parties lower than the rising summer temperatures...

Oppressed Minority Shareholders Should Be Afforded Protection

Posted on February 02, 2010
Stark & Stark Litigation Shareholder, Scott I. Unger, authored the article, Oppressed Minority Shareholders Should Be Afforded Protection: An argument for a revision of the Limited Liability Act, for the February 1, 2010 edition of the New Jersey Law Journal...

Alternatives to Divorce Litigation: Mediation, Arbitration, Collaborative Divorce and Four-Way Conferences

Posted on February 01, 2010
Divorce is difficult; emotionally, physically and financially. The issues in divorce lend themselves to intense feelings, which even on a good day, can interfere with the process. Yet, many divorce cases can be resolved in a fair and equitable manner without the need to battle it out to the bitter end through the court system...

Claims against the makers of YAZ�, Yasmin� and Ocella� Will Be Consolidated Before Judge Moss in Philadelphia County, Pennsylvania

Posted on January 12, 2010
A large number of claims against the makers of defective birth control products, YAZ®, Yasmin® and Ocella®, for injuries ranging from internal organ damage to deep vein thrombosis have been designated as Mass Tort cases in state court, to be consolidated for case management and discovery purposes before Judge Moss in Philadelphia County, Pennsylvania...

Stark & Stark Files Amicus Brief in Major Product Liability Case Before New Jersey Supreme Court

Posted on December 23, 2009
The law firm of Stark & Stark, P.C. has joined forces with the consumer advocacy group, Homeowners Against Deficient Dwellings (HADD), to file an amicus curiae ('friend of the court') brief urging the New Jersey Supreme Court to uphold a homeowner's right to pursue tort remedies against manufacturers of defective building components...

The Railroad Retirement Act: Tier I Benefits Upon Divorce

Posted on September 30, 2009
This is the fifth installment of a six-part blog series focused on the Railroad Retirement Act (RRA). You can read installment 4 here. Although Tier I benefits are not divisible, an eligible divorced spouse can receive an annuity similar to the non-divisible Tier I annuity under the RRA...

More New Jersey Shore Towns to Require Annual Rental Licenses

Posted on September 30, 2009
In an effort to protect beach going summer renters, owners in several New Jersey beach towns, such as Stone Harbor, will be required to obtain a renter's licenses in order to in order to legally rent their units. The license will include, among other things, registration with the local municipality and a fire inspection...

Stark & Stark Shareholder Comments on Financial Advisors Bankruptcy Filings

Posted on September 02, 2009
Timothy P. Duggan, Chair of Stark & Stark's Bankruptcy & Creditor's Rights Group, was quoted in the September 1, 2009 FinancialPlanning.com article, Staying Alive. The article discusses the challenges financial advisors have faced for years when economic troubles being...

How Firm are Real Estate Contract Closing Dates?

Posted on August 19, 2009
Most contracts for the sale of real estate designate a date for the closing. While buyers and sellers generally prepare to close on that date, it is not always possible. Delays are not unusual and frequently reasonable under the circumstances...

Franchisors May Be Held Liable for the "Constructive Termination" of a Franchise

Posted on August 18, 2009
In a recent Appellate Court Decision, the New Jersey Court of Appeals has determined that a 'constructive termination' of a franchise constitutes a violation of New Jersey's Franchise Practices Act. In Maintainco Inc. v. Mitsubishi Caterpillar Forklift American, Inc...

A Few Things Everyone Should Know About Copyright Law

Posted on August 14, 2009
Copyright law is often the first and best line of defense against unauthorized reproduction of the products of the creative mind. As important as the law is to the work of so many firms, such as advertising agencies, software developers, artists and music publishers, it is a frequently misunderstood law...

New Home Warranty Program Fails to Deliver Results.... Again.

Posted on August 05, 2009
A condominium association in Wildwood, NJ has had a crash course in the failure of the New Jersey New Home Warranty Act to protect the rights of New Jersey residents. The condominium is being forced to watch their decks degrade and collapse before their eyes, while bureaucratic red tape and government inefficiency combine to create a disastrous situation for the unit owners...

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