Watson v. New Jersey Department of Treasury, ___ N.J. Super. ___ (App. Div. 2017). The Mistaken Imprisonment Act, N.J.S.A. 52:4C-1 to -7, (“the Act”) allows claims for damages by persons who have been wrongly convicted of a crime and who served a part of a sentence for that crime. The Act contains a statute of […]
The post The Final Post of 2017: The Mistaken Imprisonment Act appeared first on Appellate Law NJ Blog.
Lechler v. 303 Sunset Avenue Condominium Association, Inc., ___ N.J. Super. ___ (App. Div. 2017). The Appellate Division got in under the wire, on this final business day of 2017, with this opinion by Judge Hoffman in a personal injury case. Plaintiffs, husband and wife, lived at 303 Sunset Avenue, Asbury Park, a condominium building. […]
The post Condominium Association Owed Duty of Care to Resident Who Fell on Stairway Lacking Center Railing appeared first on Appellate Law NJ Blog.
For many divorce attorneys, the busy season starts after the first of the year. For the last several years, I have posted on the phenomenon of the New Year’s Resolution Divorce. For whatever reason, this post has struck a chord and has been both well received and cited by other bloggers. As such, given that the new year is near, I thought I would share that piece again, updated slightly for the new year.
Over the years, I have noted that the number of new clients spikes a few times of the year, but most significantly right after the new year. Before writing this article for the first time, out of curiosity, I typed “New Years Resolution Divorce” into Google and got 540,000 results in .29 seconds. There are even more results when you do the same search now. While not all of the search results are on point, many were extremely interesting. It turns out that my intuition about this topic was right and that there are several reasons for it.
One article on Salon.com put divorce up there with weight loss on New Years resolution lists. Also cited in this article was that affairs are often discovered around the holidays. Another article linked above attributed it to “new year, new life”. Another article claimed that the holidays create a lot of pressures at the end of the year that combine to put stress on people in unhappy or weak relationships. Family, financial woes, etc. associated with the holidays add to the stress. Turning over a new leaf to start over and improve ones life was another reason given. This seems to be a logical explanation for a clearly difficult and perhaps heart wrenching decision.
In my experience, people with children often want to wait until after the holidays for the sake of the children. There is also the hope, perhaps overly optimistic, that the divorce will be completed by the beginning of the next school year. These people tend to be in the “improving ones life” camp.
So as divorce lawyers, we hope to avoid or at least resolve in advance the holiday visitation disputes that inevitably crop up, then relax and enjoy the holiday as we await the busy season to begin.
In the last several years, the phenomena started early for us and many other attorneys. We were contacted by more people in December in the last few years than in any years in recent memory. In some recent years, the calls started in November at a pace more robust than in prior years. Moreover, we have heard of more people telling their spouse it “is over” before the holidays this year. I suspect that in some, it was the discovery/disclosure of a new significant other or perhaps pressure being exerted by that person that was the cause. In other cases, the person just didn’t want to wait until the new year to advise their spouse.
As noted in my blog post from last week, the reforms to the tax code may be the impetus for people on the fence to divorce in 2018 to take advantage of the last year of the deductibility of alimony.
Whatever the reason, we await those who see 2018 as a chance for happiness or a fresh start. Happy New Year?!?!
For me, my resolution will be to blog more in 2018.
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Eric Solotoff is the editor of the New Jersey Family Legal Blog and the Co-Chair of the Family Law Practice Group of Fox Rothschild LLP. Certified by the Supreme Court of New Jersey as a Matrimonial Lawyer and a Fellow of the American Academy of Matrimonial Attorneys, Eric is resident in Fox Rothschild’s Morristown, New Jersey office though he practices throughout New Jersey. You can reach Eric at (973)994-7501, or esolotoff@foxrothschild.com.
One of the most often-confused sets of offenses occurs when a driver is cited for either reckless driving or careless driving. Though many drivers use the words careless and reckless interchangeably, a DUI lawyer in Somerville from Simon Law Group will tell you that these are actually two very different charges that carry unique penalties.
The start of a new year is the perfect time to secure your future and make sure you’ve done everything possible to protect your assets. Taking a moment to make sure your will is up to date is a great way. If you haven't made a will yet, you may want to start thinking about what you'll be leaving behind, as morbid a task as that sounds. Most people want something in place that can be accessed before they've passed, for that we'd recommend a living trust. Simply put, a living trust is a legal document which places assets into a trust which will be conveyed to beneficiaries at the time of death. Living trusts can be less straightforward to create then a simple will but here are three of the many benefits of having one drafted.
The Supreme Court announced that it has granted review in N.J. Highlands Coalition v. New Jersey Dep’t of Environmental Protection. The question presented, as phrased by the Supreme Court Clerk’s office, is “For the purposes of determining whether this development project was exempted from the Highlands Water Protection and Planning Act, N.J.S.A. 13:20-1 to -35, […]
The post The Supreme Court Grants Review of an Environmental Land Use Case appeared first on Appellate Law NJ Blog.
A.T v. M. Cohen, M.D., ___ N.J. ___ (2017). “This was an appeal as of right in a medical malpractice case in which plaintiff was a minor. Due to counsel’s oversight, plaintiff failed to file an affidavit of merit within the required time, although plaintiff did provide one shortly thereafter. The Law Division granted summary […]
The post Failure to Submit Affidavit of Merit Timely Does Not Always Call for Dismissal With Prejudice appeared first on Appellate Law NJ Blog.
Since the first go round of the proposed massive revisions to the tax code were announced several weeks ago, matrimonial lawyers, litigants, accountants, etc. have been in a veritable tizzy over the prospect that one of the modifications was to eliminate the deductibility of alimony payments by the payer and the includability of the payments by the recipient as income, for all agreements or judgments after December 31, 2017. The angst was with good cause because that provision of the tax code allowed the payer to pay more alimony to the recipient because he did not have to pay taxes on the income used to pay alimony, therefore, creating greater net after tax cash flow for him/her. On the recipient side, because she/he often paid taxes at a lower rate, it made sense all the way around, except maybe to Uncle Sam who was losing the higher tax revenue by the shifting of income from the higher taxed payer to the lower taxed recipient.
When the Senate version of the tax reform bill was announced, this issue was not addressed at all, causing some hope, albeit short lived because the bill that came out of the reconciliation process had the elimination of the deduction, but not at the end of 2017, but rather, the end of 2018. This was explained yesterday in a blog posted by my partner, Mark Ashton, of our Chester County, Pennsylvania Office, on our Pennsylvania Family Law Blog, entitled Alimony About to Experience an Untimely Death. The House just voted to pass the tax bill and the Senate is not far behind.
The bottom line is that the new tax laws will provide less to go around for both sides of the equation. Old “rules of thumb” will go out the window. Child support guidelines will have to be adjusted as they are based upon combined net income. Because combined net income will be less, especially in places like New Jersey that are hit hard by the new laws eliminating some of the property tax and other deductions, will child support go down too? Will this lead to a race to the courthouse in 2019 to adjust child support because whether or not you are able to deduct alimony, will tax increases be considered a change of circumstances?
I would think that savvy people who are contemplating divorce might see the change in the law as a catalyst to finally pull the plug on a marriage to take advantage of the tax benefits of alimony in their final year. People embroiled in an ongoing divorce may finally agree on something, i.e. to get the divorce over with before the end of 2018 for the same reason. Only time will tell whether the unintended consequence of the so called tax reform will cause 2018 to be the Year of the Divorce. Either way, we are all going to have to get used to this paradigm shift in figuring out what a fair alimony amount should be given the change in the law.
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101 foreign nationals were taken into custody during a series of raids taking part throughout the week. The chief take away from this raid compared to the many others that have happened in recent months is how the data underscores not only a large presence of illegal immigration happening in big cities but in smaller towns and boroughs around New Jersey. It has traditionally believed to be an urban phenomenon where minority communities have thrived around the state for many years.
On December 11, 2017, Charming Charlie Holdings, Inc. (“Charming Charlie”), the Houston–based fashion jewelry and accessories chain filed a Chapter 11 Bankruptcy Case in the United Bankruptcy Court for the District of Delaware. Charming Charlie has closed about 100 of its 360 stores. Further, its New York City flagship location on Fifth Avenue will soon close.
The company is working with turnaround advisor AlixPartners LLP, in addition to other restructuring advisors and attorneys.
More than 15 retailers, including Toys “R” Us Inc, the largest toy seller in the U.S., have filed for bankruptcy this year.
If you are a landlord with a Charming Charlie, it is important to know your rights, now. Stark & Stark’s Shopping Center Group can help. Our bankruptcy attorneys regularly represent landlords throughout the country, including recently in the Eastern District of Missouri, District of New Jersey, Southern District of New York, District of Delaware, District of Minnesota and Eastern District of Pennsylvania on a variety of issues.
Most recently, our Group has represented landlords and trade creditors in the Macaroni Grille, Joe’s Crab Shack, Payless, Eastern Outfitters (EMS Part 2), EMS, Golfsmith, RadioShack, General Wireless (RadioShack Part 2), Gander Mountain, A&P, Joyce Leslie, and Sports Authority Chapter 11 bankruptcy cases.
For more information on how Stark & Stark can assist you, feel free to contact the author of this blog.
The Supreme Court announced that it has granted review in three more cases. Two of them are criminal matters, and the third arises out of a criminal case while presenting a civil issue. In State v. Wint, the question presented for the Court, as phrased by the Supreme Court Clerk’s office, is “Among other issues, […]
The post The Supreme Court Adds More Cases appeared first on Appellate Law NJ Blog.
With Chanukkah almost behind us and Christmas rapidly approaching, the time for being jolly is unfortunately also a peak time for parental conflict in divorcing and divorced families. What one would think (hope) would be a relatively simple discussion between adults in an effort to resolve such issues often turns into something far worse. Court applications often result where judges are called upon to make last minute decisions about where the children should be, who they should be with, and for what amount of time.
With that being said, here are a few things to keep in mind as a parent mired in such a conflict….
“It’s Christmas All Over Again” – Parents should do their best to resolve holiday conflicts amongst themselves, without involving the children. Unfortunately, all too often the kids are brought into the picture, with one parent telling them how the other parent is a bad person, is at fault for some reason regarding the holidays, and worse. Parents often believe it is necessary to justify/defend their actions to sway the kids to his or her side, but the impact on them is immeasurable. Over time, kids who simply want to enjoy what is one of the best times of the year end up dreading its arrival because they know that there will always be some argument between mommy and daddy to tarnish the occasion.
“Wonderful Christmastime” – One way to ensure a merry holiday season is to address parenting time issues well in advance of when the time arrives. This is not just limited to Chanukkah or Christmas parenting time, but all holiday parenting time. Oftentimes, these issues are addressed during a divorce matter in a piecemeal or triage fashion, for a variety of reasons that may or may not be within your control. The result is often less than ideal, and may become yet another dispute to address in the context of an ongoing matter. Try to reach a resolution in advance, if possible, for the best interests of the kids and, quite frankly, everyone else involved.
“I Saw Mommy Kissing Santa Claus” – If you are considering bringing a significant other to the holiday dinner, it goes without saying that it should not be done in a manner that negatively impacts upon the kids. More importantly (and obviously), do not do so in violation of a court order that imposes restrictions on your ability to introduce or involve a significant other in the kids’ lives. Such an order oftentimes issues in the midst of a divorce matter. The situation can often be very delicate, and should be approached with care. If a child is in therapy, consider whether to discuss with the therapist how to best bring/introduce a new person to such an occasion.
“Happy Xmas (War is Over)” – While John Lennon’s famous holiday song carried heavier political overtones, there is always a way to apply it to a family law blog post. If you are going to file an application with the court to address holiday parenting time issues, please do not wait until the last minute to do so. Seeking relief for these issues should not be an ambush. It should not leave in flux for the kids what is going to happen. It should be done with notice to the other party so that he or she can properly respond. Judges have more than enough going on and if he or she sees that you could have brought the application several days, if not weeks prior, oftentimes they will be less than pleased with having to address the situation under such circumstances.
With these tips in mind, hopefully you are able to not only avoid or properly address the sort of holiday parenting time conflict that comes our way year in and year out, but also that your kids will be able to enjoy the season with a sense of calm and peace of mind.
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On January 3rd a state appointed special master will begin a series of hearings to determine whether or not a step in the calibration process of Alcotest machines is scientifically necessary for accurate readings. These hearings could have an impact on up to 20,000 cases, some of which have been placed on hold until a decision has been made.
Kocanowski v. Bridgewater Tp., ___ N.J. Super. ___ (App. Div. 2017). Plaintiff was a volunteer firefighter in Bridgewater. She slipped on ice while responding to a fire and was injured. She sought temporary disability and medical benefits under workers’ compensation. The Township opposed that, arguing that because plaintiff was unemployed (having stopped work to help […]
The post No Temporary Disability Payments for Unemployed Volunteer Firefighter appeared first on Appellate Law NJ Blog.
Vitale v. Schering-Plough Corp., ___ N.J. ___ (2017). Plaintiff was hired as a security guard by a security company. The company required him to agree to waive any claim against any customer of the security company to whom he might be assigned “arising from or related to injuries which are covered under the Workers’ Compensation […]
The post Advance Disclaimer by Employee of Right to Sue Third Party for Injuries Covered by Workers’ Compensation Statutes Violates Public Policy appeared first on Appellate Law NJ Blog.
The Supreme Court announced late last Friday that it has granted review in three more cases. Two of those cases involve the long-running Accutane Multi-County Litigation, which the Court has addressed before, in several contexts, in McCarrell v. Hoffmann-LaRoche, Inc., 227 N.J. 569 (2017), discussed here, and Kendall v. Hoffmann-LaRoche, Inc., 209 N.J. 173 (2012), […]
The post The Supreme Court Takes Up Accutane Appeals and an Evidence Matter appeared first on Appellate Law NJ Blog.
A measure has passed through the New Jersey legislature that makes it a disorderly person’s offense for someone to be under the influence while operating a drone. This includes both drugs and alcohol and would carry a sentence of up to six months in prison or a $1,000 or both. It also has similar penalties for the use of drones to aid in hunting. This mark the first statewide bill mandating the use of drones. The bill passed Thursday, December the 7th on a 39-0 vote.
The Supreme Court announced today that it has granted leave to appeal in State v. Pinkston. The question presented, as phrased by the Supreme Court Clerk’s Office, is “In this criminal justice reform matter, did the trial court abuse its discretion in denying defendant’s request to call certain police officers as ‘adverse witnesses’ at the […]
The post Another Criminal Justice Reform Act Case for the Supreme Court appeared first on Appellate Law NJ Blog.
Jacobs v. Jersey Central Power & Light Co., ___ N.J. Super. ___ (App. Div. 2017). This opinion by Judge Sabatino today is an abbreviated version of a longer opinion that was not approved for publication. As a result, the decision sets forth the standards of review for a number of issues, but essentially addresses only […]
The post No Liability Expert Needed for Plaintiff Injured by Stepping Into Hole Negligently Left by Utility Employee appeared first on Appellate Law NJ Blog.
Ah, the 80s and MTV when bands still made music videos and we still cared to watch them. Many of you may remember the video for the INXS song “Mediate” at the back end of the video for “Need You Tonight”, with the band holding a different sign for each word of the song until they all walk away from the camera during the sax solo. Paying homage to a classic Bob Dylan song, Mediate is really one of the best videos from that time period with memorably cryptic lyrics that strangely came to mind while I was recently completing a weeks-long family law mediation course.
While some of the lyrics make absolutely no sense to this blogger, certain others work when talking about the benefits, harms, highs and lows of the mediation process. For instance…
On the heels of my last blog post regarding settlement, and many other posts on this blog about mediation and the settlement process, the above should not only be used as a reminder of a great 80s song, but also about how only you and your spouse can control how a case resolves. Mediation is a great tool by which to achieve that goal, and hopefully give you What You Need….
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Grimes v. New Jersey Dep’t of Corrections, ___ N.J. Super. ___ (App. Div. 2017). This appeal, decided today, had two unusual wrinkles, apart from its substantive outcome. First, a pro se prisoner plaintiff prevailed over a government agency. Second, a published opinion was issued per curiam, instead of being signed. The panel consisted of Judges […]
The post A Pro Se Prisoner Invalidates the Department of Corrections’s Outbound Calling Policy, But … appeared first on Appellate Law NJ Blog.
Joyce v. Maersk Line Ltd., ___ F.3d ___ (3d Cir. 2017). Today’s decision by Judge Jordan for a unanimous en banc court began with a pun and continued as follows: “Today we stop swimming against the tide of opinion on an important question of maritime law. Following the lead of several of our sister circuits, […]
The post The Third Circuit Overrules a Precedent “On an Important Question of Maritime Law” appeared first on Appellate Law NJ Blog.
The Supreme Court announced that it has granted certification in five more cases. One of those results from a published opinion n a land use matter. The other four, all of which involved unpublished opinions by the Appellate Division, run the gamut from administrative law to criminal law to constitutional law to arbitration. Montclair State […]
The post The Supreme Court Grants Review in Five More Cases appeared first on Appellate Law NJ Blog.
