Friday, December 30, 2016

Alter Ego Theory Failed to Sustain Personal Jurisdiction Over Foreign Parent Corporation

FDASmart, Inc. v. Dishman Pharmaceuticals & Chemicals Ltd., ___ N.J. Super. ___ (App. Div. 2016).  Plaintiff filed an action for breach of contract against two defendants, Dishman Pharmaceuticals & Chemicals, Ltd. (“DPCL”), a company based in India, and its United States subsidiary, Dishman USA, Inc.  DCPL asserted that New Jersey courts had no personal jurisdiction […]

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Tuesday, December 27, 2016

Fee Awards Under Consumer Statutes Can Go Beyond the Extent of a Plaintiff’s Success On His or Her Complaint

DeGarmeaux v. DNV Concepts, Inc., ___ N.J. Super. ___ (App. Div. 2016).  As Judge Manahan stated in his opinion for the Appellate Division in this case, “[t]he issue of reasonbleness of counsel fees has been the subject of numerous decisions.”  This opinion addressed what the panel viewed as an issue of first impression:  “whether prevailing […]

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The New Year’s Resolution Divorce

Our partner in our Chester County, Pennsylvania office, Mark Ashton, just wrote an interesting piece on our Pennsylvania Family Law Blog entitled “”Tis the Season”  about how the time between November 1st and the end of the year used to be the quiet time for new matters and how he has found that this year has been different.  We have found that to be the case, as well, as noted below.

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That said, for many divorce attorneys, the busy season starts after the first of the year. For the last few 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. Out of curiosity, I typed “New Years Resolution Divorce” into Google and got 540,000 results in .29 seconds. While not all of the search results were 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. This year, 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.

Whatever the reason, we await those who see 2017 as a chance for happiness or a fresh start. Happy New Year?!?!

______________________________________________________

Eric SolotoffEric 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 Roseland and Morristown, New Jersey offices though he practices throughout New Jersey. You can reach Eric at (973)994-7501, or esolotoff@foxrothschild.com.

Connect with Eric: Twitter_64 Linkedin



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Friday, December 23, 2016

Rule 11 Sanctions Are Not to be Imposed for Minor Alleged Offenses

Moeck v. Pleasant Valley School District, ___ F.3d ___ (3d Cir. 2016).  Motions for sanctions under Federal Rule of Civil Procedure 11 are not favored because, as Judge Shwartz pointed out in her opinion in this case today, Rule 11 sanctions “are 1) in derogation of the general American policy of encouraging resort to the […]

The post Rule 11 Sanctions Are Not to be Imposed for Minor Alleged Offenses appeared first on Appellate Law NJ Blog.



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Wednesday, December 21, 2016

Mandatory Electronic Filing of Pretrial Detention Appeals Begins on January 1, 2017

This morning, the Appellate Division issued a Notice to the Bar, available here, to remind practitioners and appellants that, effective on January 1, 2017, appeals to the Appellate Division on pretrial detention matters must be filed electronically.  The notice also observes that four other categories of appeals are already subject to mandatory electronic filing.  Those […]

The post Mandatory Electronic Filing of Pretrial Detention Appeals Begins on January 1, 2017 appeared first on Appellate Law NJ Blog.



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Circuit Court Appeals Are (Slightly) Down, While Reversals Are (Slightly) Up

An analysis issued yesterday by the Judiciary and Data Analysis Office of the Administrative Office of the United States Courts revealed some interesting information about and trends in federal appeals.  The total number of appeals dropped slightly in 2015, to 53,266, from 53,799 in 2014.  In the period beginning January 1, 2011, the total number […]

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Tuesday, December 20, 2016

Special Needs Trust Fairness Act

On December 13, 2016, President Obama signed into law the Special Needs Trust Fairness Act as part of the 21st Century Cures Act. The new act allows first party special needs trusts to be established by mentally competent individuals with disabilities for their own benefit.

Prior to this, first party special needs trusts could only be established for disabled persons by their parent, grandparent, legal guardian, or a Court, necessitating in many cases the expense and delay of a Court application or family involvement to establish these trusts. Now, and effective as of December 13, 2016, adults with disabilities who are competent may establish and fund their own first party special needs trusts.

Specials needs trusts can be invaluable to disabled individuals who receive benefits through means tested programs such as Medicaid and Supplemental Security Income (SSI), enabling them to enjoy the benefit of trust assets without disqualifying them from essential governmental assistance.



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