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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

Post-Judgment Motions To Modify Support in a Poor Economy

Posted on August 03, 2009
Maria P. Imbalzano, Shareholder in Stark & Stark's Divorce group, authored the article, Post-Judgment Motions To Modify Support in a Poor Economy for the July 27, 2009 edition of the New Jersey Law Journal. The article discusses the fact that while divorce filings in recent months are down, there has been a rise in post-judgment applications being made in the wake of the recent economic downturn and rise in the unemployment rate...

Case Management Conferences Held in NuvaRing® Litigation

Posted on July 30, 2009
In a recent blog post, Kevin Hart discussed the recent status of NuvaRing® litigation in Missouri. The cases in the Eastern District of Missouri are at the beginning of the discovery period. A case management conference was held on July 21, 2009, where certain initial motions and conferences were discussed...

Stark & Stark Attorney Elected to Lester A. Drenk Behavioral Health Center Board of Trustees

Posted on July 29, 2009
Mark M. Wiechnik, has been elected to the Board of Trustees of the Lester A. Drenk Behavioral Health Center. The Drenk Center is a private, non-profit organization headquartered in Hainesport, New Jersey. With sites throughout the state it offers behavioral health services for both children and adults including prevention programs, emergency crisis intervention, outpatient therapy, psychiatric services, residential programs, and case management services...

Post-Divorce Matters: Weighing Your Options

Posted on July 24, 2009
You just caught your breath from your divorce litigation, the house is sold, custody has been decided, the investment accounts have been divided, you have just removed your attorney from your speed dial and the fighting has stopped–or has it? So now what? The divorce has been over for some time, but there are still outstanding issues you would like resolved between you and your ex-spouse, but you really do not know if you are prepared emotionally and financially to invest more time into litigating additional issues...

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Tax Credit for First Time Home Buyers

Posted on July 17, 2009
Would you like to have a federal tax credit of $8,000 simply because you purchased a home this year? As part of the American Recovery and Reinvestment Act of 2009, a tax credit equal to 10% of the purchase price of a home, up to a maximum of $8,000, is available to certain first-time home buyers who purchase a main residence on or after January 1 and before December 1, 2009...

Stark & Stark Blogs Featured in Mercer Business Magazine Article

Posted on July 08, 2009
Stark & Stark Shareholder, Timothy P. Duggan, and Directory of Business Development, Richard C. DeLuca, were featured in the July 2009 issue of Mercer Business Magazine in the article, Who Let the Blawgs Out? The article discusses the recent rise in law firms who have taken to blogging as a result of their appeal as an inexpensive and effective marketing tool, and as a terrific way for presenting information on a wide range of legal matters to current and potential clients...

Forensic Computer Investigations For Your Divorce

Posted on July 01, 2009
Legal Briefs On Divorce is a video podcast series providing viewers with a discussion on timely news and insight on current trends impacting divorce. This installment of Legal Briefs On Divorce is an interview with John S. Eory, Shareholder in Stark & Stark's Divorce Group, and Rob Kleeger, Managing Director of the Intelligence Group...

Stark & Stark's Community Association Group Secures Another Municipal Services Victory

Posted on June 26, 2009
Trial Court Rules that Mendham Must Provide Municipal Services with respect to A Condominium's Access Road The Mendham Knolls Condominium Association is a small condominium situated in Mendham. Access to the condominium is achieved only via Boundary Oak Lane, an approximately 156 foot long road that empties into the condominium's parking area...

Incapacity During Divorce Proceedings

Posted on June 23, 2009
If a person becomes incapacitated during a divorce proceeding, a guardian should be appointed by the Court in order to properly to govern the individual and their property. See Kingsdorf v. Kingsdorf, 351 N.J. Super. 144, 146 (App. Div. 2002). In order to do so, an application to the Court by the party who wishes to be come the guardian must be made...

Friends of Peapack-Gladstone v. Borough of Peapack-Gladstone Land Use Board, et al. Tolling of Development Approvals under N.J.S.A. 40:55D-21

Posted on June 22, 2009
Under N.J.S.A. 40:55D-21, if a developer is 'barred or prevented, directly or indirectly,' from moving forward with an approval obtained pursuant to the Municipal Land Use Law (MLUL) 'during the period of approval' on account of the institution of 'a legal action' or the issuance of 'a directive or order' by, among other government actors, a 'political subdivision' for the purpose of 'protect[ing] the public health or welfare' at a time when 'the developer is otherwise ready, able and willing to proceed[,]' then - in such instance - the period of approval shall be suspended for so long as 'said legal action is pending or such directive or order is in effect...

Stark & Stark Shareholder Comments on Senators' Amendments to Eminent Domain Legislation

Posted on June 19, 2009
Timothy P. Duggan, Shareholder of Stark & Stark's Condemnation group, was quoted in the June 16, 2009 NJ Biz article, Senators announce amendments to eminent domain legislation. The article discusses the recent amendments to State Senate majority leader Steve Sweeney (D-West Deptford) and State Senator Ronald Rice's (D-Newark) previously proposed eminent domain legislation, which would allow redevelopment in the state while still providing protection and fair compensation to property owners if eminent domain is required...

What Associations Need To Know When Considering Requests By Disabled Owners For A "Reasonable Accommodation"

Posted on June 18, 2009
In general, the United States Fair Housing Act makes it unlawful for a condominium, cooperative and/or homeowners association to discriminate in the terms, conditions or privileges of the sale or rental of housing, or in the provision of services in connection with a dwelling, because of race, familial status, gender, religion or disability...

New Jersey Judiciary Foreclosure Mediation Program Update

Posted on June 17, 2009
On May 18, 2009, the United States Bankruptcy Court for the District of New Jersey issued a General Order with respect to the New Jersey Judiciary Foreclosure Mediation Program. This Order clarifies that participation in the Foreclosure Mediation Program, where the homeowners have filed for Bankruptcy, does not violate the automatic stay...

Stark & Stark Shareholder Presents Seminar on Minimizing Risk, Avoiding Litigation and Alternative Dispute Resolution

Posted on June 12, 2009
David J. Byrne, Shareholder and Co-Chairperson of Stark & Stark's Community Association Group presented materials related to minimizing risk, avoiding litigation and alternative dispute resolution, in conjunction with Donald B. Brenner, Esquire, during a seminar entitled "Managing Costs and Risks in Challenging and Uncertain Economic Times"...

Stark & Stark Shareholder Comments on New Jersey Supreme Court Ruling Concerning to the New Jersey Consumer Fraud Act

Posted on June 11, 2009
Thomas B. Lewis, Chair of Stark & Stark's Employment group, was quoted in the June 5, 2009 article on Law360.com entitled, Securities Sales Not Subject To Fraud Act: NJ Court. The article discuss the recent New Jersey Supreme Court ruling which states that a broker accused of failing to properly transfer funds for the purchase of securities and the firm that employed the broker can't be held liable under the New Jersey Consumer Fraud Act...

How to Franchise Your Business In Plain English

Posted on June 05, 2009
Adam J. Siegehleim, member of Stark & Stark's Franchise group, has created a short web video entitled How to Franchise Your Business In Plain English. The video, inspired by CommonCraft, explains the step-by-step process of turning your business into a successful franchise system...

Appellate Court Validates Condominium Board's Interpretation of "Repairs" & "Maintenance"

Posted on June 02, 2009
Appellate Court Affirms Rockland County Supreme Court's Reliance Upon the Business Judgment Rule to Uphold Board's Decision to Make a Construction Contract without Owner Vote In or around 2007 a condominium board of managers contracted for certain construction work on its buildings...

Disclosure of Property Conditions When Selling a Home

Posted on May 27, 2009
Selling a home and wondering what physical conditions at the premises need to be disclosed to a potential new buyer? Everyone wants to present a positive picture of their home, especially during a slow real estate market. But it is usually in a seller's best interest to thoroughly disclose any defects which are not readily observable...

Stark & Stark Shareholder Comments on Recent Dow Jones Activity

Posted on May 27, 2009
Bill Singer, Shareholder in Stark & Stark's Securities group, was quoted in the May 20, 2009 Forbes.com article Our See-Sawing Markets: The Dow Jones industrial average just ended a streak where it alternated up and down for 13 sessions...

New Jersey Council: Assessments and Collections

Posted on May 26, 2009
Stark & Stark Community Associations Group Co-Chair, A. Christopher Florio, will present at seminar for the Pennsylvania and Delaware Valley Chapter of the Community Associations Institute entitled, New Jersey Council: Assessments and Collections...

Stark & Stark Shareholder Comments on Enforcement of Brokers Bonus Repayment

Posted on May 22, 2009
Thomas B. Lewis, Shareholder and Chair of Stark & Stark's Employment Litigation group, was quoted in the May 7, 2009 Dow Jones article, BROKER'S WORLD: Brokers Fight Bonus Repayment - And Lose. The article discusses the recent rise in companies enforcing the repayment of signing and retention bonuses...

Stark & Stark Shareholder Named Mercer County Professional Lawyer of the Year

Posted on May 12, 2009
The Mercer County Bar Association (MCBA) officially announced John S. Eory, of Stark & Stark's Divorce Group, as its recipient of the Mercer County Professional Lawyer of the Year Award. The award will be formally presented at the Mercer County Bar Association General Membership 'Beefsteak' honoring retiring Judges from the Mercer Vicinage on Thursday, May 21, 2009, at 6:00 p...

New Jersey Supreme Court Sides With Property Owner in Dispute Over Legal Fees in Eminent Domain Case

Posted on May 08, 2009
On April 9, 2009, the New Jersey Supreme Court reversed the decision of the Appellate Division in a case analyzing a condemning authority's obligation to reimburse a property owner for legal fees and expenses in a condemnation case. Township of West Orange v...

Unreimbursed Medical Expenses - Who Is Responsible For Payment?

Posted on April 23, 2009
The payment responsibilities of a child's unreimbursed medical expenses is often an issue that does not receive a lot of attention during divorce litigation. However, as the cost of uncovered medical procedures have increased throughout the years, establishing each party's financial responsibilities for these expenses is an extremely important element of reaching a final resolution of your case...

Same Sex Marriage Legislation Likely in New Jersey

Posted on April 21, 2009
Virtually all opinion polls confirm that same sex marriage legislation is the future. To those who said , "leave it to the people, not judges" the outcome will be passage of such laws in New Jersey and elsewhere within the foreseeable future...

Mel Gibson: A High Asset Divorce With No Pre Nuptial Agreement

Posted on April 20, 2009
On March 23, 2009 Megan Smith, Esq of the Stark & Stark Divorce Law Group posted a blog discussing Pre Nuptial Agreements. The recently publicized Mel Gibson divorce, gives real meaning to the value of a Pre Nuptial Agreement. It would appear from early press reports that as much as several hundred million dollars may be in issue in the Gibson divorce and that there is no pre nuptial agreement...

President Obama's Proposed Mortgage Modification Law Fails to Become Law

Posted on April 14, 2009
The proposed law could perhaps inadvertently impair associations' ability to recover unpaid assessments from owners in default on their mortgages. The Presidents plan to stabilize the housing markets, H.R. 1106, would allow federal courts to reform mortgages in cases where a homeowners property is worth less than their principal mortgage balance...

Good Intentions, But Bad Consequences

Posted on April 13, 2009
Pending Amendments to the Family Part Rules of Court For over 25 years our Family Courts have utilized Early Settlement Panels as, perhaps, the most effective means of helping divorce litigants settle their cases. The Settlement Panels are staffed with two voluntary attorneys who read extensive written submissions and then meet with and hear the arguments of the Attorneys for the parties...

Senate Bill 2577 - Opening Up Of Age-restricted Housing

Posted on April 08, 2009
There has been some recent concern about Senate Bill No. 2577 that is apparently being prepared for Governor Corzine's desk for adoption as it relates to age-restricted communities. The bill would allow developers to make an application permitting a change from an age-restricted development to a non-restricted development...

Employees Beware: Email Exchanges on Company Property May Waive Attorney-Client Privilege

Posted on April 07, 2009
In a ruling this pas February in Stengart v. Loving Care Agency (BER-L-858-08), a New Jersey Superior Court Judge found that an employee's e-mail correspondence with her counsel, made on the company's laptop was not protected under the attorney-client privilege, despite the fact that she has used a password-protected, web-based email account and not her company email...

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