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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

Gay Marriage Constitutional in Iowa

Posted on April 03, 2009
Today, in Iowa, the State Supreme Court unanimously held that prohibiting gay marriage violates the Iowa Constitution. The effect of this decision is that there will be yet another state where gay couples will be entitle to the same rights and privileges of heterosexual couples...

Squeeze-Out Technique: Withholding Distributions

Posted on March 06, 2009

Senate Economic Growth Committee Approves Bill for Conversion of Age-Restricted Communities

Posted on March 02, 2009

New Jersey's Legislature, Municipalities and Developers Try to Adapt and Cooperate to Respond to the Slowing Demand for Age-Restricted Housing

Posted on February 26, 2009
In a tough, declining housing market age-restricted housing was, for years, developers' saving grace. Such housing was also incredibly attractive to municipalities as they attempted to increase the property tax base, without adding children to the school system...

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Stark & Stark Shareholder Presents Seminar Regarding Board Elections to Community Associations Institute - New Jersey Chapter

Posted on February 20, 2009
David J. Byrne, Shareholder in Stark & Stark’s Community Association group, presented materials related to New Jersey's Predatory Towing Prevention Act, and its relevance to community associations, at the monthly meeting of Signature Property Group, Inc...

Stark & Stark Shareholder Presents Seminar Regarding New Jersey's Predatory Towing Prevention Act

Posted on February 20, 2009

Stark & Stark Shareholder to Present CLE Seminar Discussing Business Break-ups

Posted on February 19, 2009
Scott I. Unger, Shareholder in Stark & Stark's Litigation and Shareholder & Partner Dispute groups, will present a Continuing Legal Education (CLE) seminar in conjunction with the Bucks County Bar Association discussing Business Break-ups...

New Jersey's Towing Companies Lobby For Amendments To The Predatory Towing Prevention Act

Posted on February 18, 2009
In October, 2007, Governor Corzine signed into law the "Predatory Towing Prevention Act" (the "Act"). The Act became effective on October 19, 2008, and can be found at N.J.S.A. 56:13-7 et al. While the Act became "effective" on October 19, 2008, the registration provisions of it have not yet become operative...

Chapter 91 - Law Continues to Develop

Posted on February 17, 2009
On May 28, 2008, I discussed the HJ Bailey Company v. Neptune case where the Appellate Division held that the appeal preclusion provision under Chapter 91 does not apply to non-income producing properties. In the HJ Bailey case, the property in question was owner-occupied and did not generate any income over the preceding years...

Modification of Child Support and Alimony Obligations

Posted on February 16, 2009
Litigants seeking a reduction in these obligations must be aware that an application for a reduction in alimony and child support must prove that a significant chance in circumstances has occurred warranting a modification of support. While one may initially think that the loss of one’s job certainly must constitute a significant change in circumstances, the Court has long held that temporary changes in income do not serve as a basis to modify child support...

Usefulness of Surveys in Real Estate Purchases

Posted on February 13, 2009
In addition to physically visiting a property before a purchase, it is a good idea, as well as a requirement of most lending institutions, to obtain a survey of the property. Surveys are made by licensed surveyors who are subject to certain regulations imposed by the State of New Jersey...

Stark & Stark Shareholders Present Seminar to Aid Co-ops and Condominiums in Managing Costs & Risks in Challenging & Uncertain Economic Times - Part 1

Posted on February 12, 2009
David J. Byrne and Stephen M. Lasser, Shareholders in Stark & Stark's Co-Op & Condominium Group, presented materials related to the challenging & uncertain economic times, and how co-ops and condominiums can better manage their costs & risks...

Stark & Stark Shareholders Present Seminar to Aid Co-ops and Condominiums in Managing Costs & Risks in Challenging & Uncertain Economic Times - Part 2

Stark & Stark's Community Association Group Secures Settlement on Behalf of Condominium With Troubled Fire Suppression System

Posted on February 12, 2009
Stark & Stark recently secured a large settlement on behalf of a 372 unit Edison, New Jersey condominium, which was burdened with defective fire suppression system components that were also improperly installed. The condominium was represented by Stark & Stark Shareholders David J...

Quick Tips: Loss of Employment During A Divorce Litigation

Posted on February 11, 2009
It seems that these days, every time I turn on the news, I hear reports of massive layoffs and market downsizing. Closer to home, many of our clients who once believed they held stable positions are now finding themselves unemployed. While losing your job is never a pleasant event, it can be especially troublesome during your divorce litigation...

Chapter 91 Reasonableness Hearings - Good Luck

Posted on February 10, 2009
This blog continues the discussion on the draconian remedy under Chapter 91 of the New Jersey statutes which allows a municipality to dismiss a tax appeal in the event a property owner fails to respond to a request for income and expense information for a particular property...

Stark & Stark Shareholder Comments on Forbes.com Article Discussing China's Appetite For Construction

Posted on February 09, 2009
Bill Singer, Shareholder and member of Stark & Stark's Securities group, was a featured panelist for the February 4, 2009 Forbes.com article China's Appetite For Construction. The panel consisted of Stark & Stark's Bill Singer, DWS Investments' Chief Investment Strategist Robert Froehlich and Raymond James' head of the 360 Wealth Management Division Greg Ghodsi...

Moving to New Jersey from another state/country, and have an existing Court Order?

Posted on February 09, 2009
An out of state Order must be registered in the state of New Jersey to be enforceable. Once registered, the Order is enforceable in the same manner and is subject to the same procedures as an ordered issued by a Court in the state of New Jersey...

Limited Duration Alimony

Posted on February 06, 2009
On January 27, 2009, the New Jersey Appellate Division issued an Opinion in the case of Valente v. Valente which shed light on whether alimony should be permanent or of limited duration in an "intermediate length marriage" of 11+ years. The Court concluded that given the duration of the marriage, the ages of the parties (42) and other factors prescribed by the statute, an award of permanent alimony was not warranted...

Stark & Stark Shareholder Comments on Bank of America CEO

Posted on February 05, 2009
Thomas B. Lewis, Shareholder and Chair of Stark & Stark's Employment group, was quoted in the January 13, 2009 Daily Report article, CEO may be rethinking BofA's 'crown jewel'. Mr. Lewis comments on Bank of America Chief Executive Officer Ken Lewis' reputation for not appreciating the nuances of the client-broker relationship, and the other pitfalls Lewis has made over the past several weeks...

Stark & Stark Shareholder Quoted in Wall Street Journal Article

Posted on February 05, 2009
Brian A. Carlis, Shareholder and member of Stark & Stark's Securities group, was quoted in the Sunday February 1, 2009 Wall Street Journal article, Stay Mum When Switching Firms. The article discusses what brokers should, and more importantly, should not do when contemplating switching firms...

Quick Practical Tips To Avoid Being "Sacked" By An Above-Guideline Child Support Calculation Litigation

Posted on February 04, 2009
Strahan v Strahan After the Appellate Division released their decision in Strahan v Strahan, there has been much debate and discussion concerning whether or not that the days of liberal child support awards that exceed the established NJ Child Support Guideline amount have been “sacked” by Justice Parker’s opinion...

Income Averaging in Your Divorce

Posted on February 03, 2009
When making a determination regarding child support or alimony (i.e. spousal support), each party is required to submit information reflecting their incomes, including current pay stubs, W-2s, and tax returns. What is important to know is that where a person’s income fluctuates substantially from year to year, such as in situations where a party owns his or her own business or receives varying bonuses or commissions, there is case law in the State of New Jersey supporting the implementation of income averaging...

Employer/Employee Relationships: Non-Compete, Confidentiality and Non-Solicitation Clauses

Posted on February 02, 2009
During recessionary times, most people are acutely aware of the general business relationship they have with their employer. Few, however, fully appreciate the legal duties they may owe their employer as a result of documents they signed when they joined the company...

Squeezed Out By Your Business Partner?

Posted on February 02, 2009
A minority shareholder can suffer catastrophic damages in a squeeze-out or oppressive situation. In such a dilemma, the minority shareholder may be deprived of any effective voice in the making of business decisions. Moreover, they could be locked out of the company’s premises, lose their job and be denied access to important information...

Bankruptcy Basics for Boards - Chapter 7 Debtors' Liability for Post-Petition Assessments

Posted on February 02, 2009
With the downturn in the economy, many New Jersey residents are strapped for cash. A possible reprieve for some people is to file for bankruptcy protection. In the past, many unit owners with equity in their units would simply file for Chapter 13 bankruptcy protection...

Redevelopment Plan - Amendments

Posted on January 27, 2009
Unlike a redevelopment area designation, which must be based upon substantial credible evidence in the record, there is nothing in the Local Redevelopment and Housing Law (LRHL) that requires the contents of a redevelopment plan to be based upon substantial evidence...

Stark & Stark Shareholder Named President-Elect of Community Associations Institute of New Jersey

Posted on December 23, 2008
A. Christopher Florio, Shareholder and member of Stark & Stark's Community Associations group, was appointed to serve on the Community Association Institute of New Jersey's 2009 Board of Directors, and was named as President-Elect for 2010. CAI-NJ is the New Jersey Chapter of the Community Associations Institute (CAI), a national non-profit organization dedicated to fostering vibrant, responsive, competent community associations and helping them promote harmony, community and responsible leadership...

Enforcement of a Court Order

Posted on December 22, 2008
pemstrongI Have a Court Order, but My Ex-Spouse is Ignoring It!nbsp; Now What?/strong/embr / br / Unfortunately, obtaining a Court Order in New Jersey does not necessarily mean that both parties will comply with that Order.nbsp; All too often, child support and alimony obligations are ignored and the obligor accrues a substantial amount of arrears...

What Are "Changed Circumstances" In This Economy?

Posted on December 19, 2008
pEach day we read of more lay offs; wholesale lay offs in major financial institutions, retailers and the manufacturing industry. Each day we hear of more corporate bankruptcies. Major financial institutions that have the hallmark of financial stability suddenly no longer exist nor dot their thousands of jobs...

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