Posted in Probate Litigation
In recent years, a common issue that a growing number of individuals face is how to care for themselves as they age. Healthcare, finances, and even routine errands can pose a significant challenge. Proper planning can ease the burden, but improper planning can create significant risks for both you and… Continue reading
Posted in Business & Commercial Law
The insurance industry is reacting to the recent realities that the Ebola virus has the potential to have an impact on U.S. based businesses. NAS Insurance Services recently announced that it will offer Ebola Business Interruption Coverage in conjunction with Prospect Insurance Brokers Ltd and the Ark Syndicate at Lloyd’s… Continue reading
Posted in Business & Commercial Law
Virtually every homeowner at some point has hired a home improvement contractor to provide materials or services with regard to work on their residence, whether to increase the value of the home, or simply to perform repairs due to damages caused by other circumstances. Obviously, if the home improvement contractor… Continue reading
Posted in Business & Commercial Law
It is not uncommon that a Will may be executed by a decedent either relatively close to the time they pass away, or even immediately prior to their passing. If a dispute arises as to the validity of a Will under these circumstances, one of the grounds for attack would… Continue reading
Posted in Business & Commercial Law
On October 16, 2014, the Appellate Division issued a case for publication concerning a tenant’s right to transfer a non-payment eviction matter to the law division. The Appellate Division in Bejoray, Inc. v. Academy House Child Development Center, A-5161-12T3 held that a tenant’s request to transfer an eviction matter, when… Continue reading
Posted in Business & Commercial Law
Most homeowner’s policies issued in New Jersey contain statutes of limitation for filing a lawsuit against an insurance carrier where the homeowner (insured), disagrees with the insurance carrier’s claim payment amount, or refusal to make any payment on a claim. In a recent unpublished United States District Court opinion, Turkmany… Continue reading
Posted in Business & Commercial Law
In the past, if a person was terminated from his or her job and wanted to modify alimony due to a change in circumstances, our courts would many times not even consider such an application until six months to a year had passed. During that time, the unemployed person would… Continue reading
Posted in Business & Commercial Law
In Naik v. 7-Eleven, Inc., (U.S. District Court. D.N.J., Civil No. 13-4578), certain 7-Eleven franchisees in New Jersey alleged that they are employees, not independent contractors, of the franchisor, and that the franchisor violated the federal Fair Labor Standards Act (FLSA) and other New Jersey statutes. 7-Eleven made a motion… Continue reading
Posted in Injury Law, Motor Vehicle Accidents
Under a new law called the “Kulesh, Kubert and Bolis’ Law,” proof that a defendant was operating a hand-held wireless telephone while driving a motor vehicle may give rise to the presumption that the defendant was engaged in reckless driving. Prosecutors are empowered to charge the offender with committing vehicular homicide or assault when such type of accident occurs from reckless driving. Vehicular homicide is generally a crime of the second degree, punishable by imprisonment of five to ten years, a fine of up to $150,000, or both. Assault by auto is a crime of the fourth degree if serious bodily injury occurs and a disorderly persons offense if bodily injury occurs. A fourth degree crime is punishable by up to 18 months imprisonment, a fine of up to $10,000, or both. The penalty for a disorderly persons offense is imprisonment for up to six months, a fine of up to $1,000, or both. Continue reading
Posted in Employment Law
As a general rule in New Jersey, private employers may not conduct random drug testing of current employees except employees in “safety-sensitive” positions. Notwithstanding scant authority on what constitutes a “safety-sensitive” position, it is clear that to qualify, there must be a direct and immediate nexus between the employee’s job duties and a fairly significant safety risk. Absent such a connection, an employer cannot require its employees to submit to random drug testing, though pre-employment testing and testing in light of a particularized suspicion are permissible. Continue reading
