Posted in Personal Injury
Please get the word out: check your Health Insurance policy language to make sure it covers you if you are injured in a motorcycle accident. Every day I see new clients who have been injured by an irresponsible driver and every day I have to explain, to their surprise, that they do not have the proper insurance to cover their medical bills. Continue reading
Posted in Business & Commercial Law
As a family law practitioner, my clients are often faced with the issue of whether or not In-Kind Income is to be included for purposes of establishing child support. The inclusion of In-Kind Income to a child support calculation can have a significant impact on the total overall support amount that is registered for the support of your children. Continue reading
Posted in Business & Commercial Law
In 1962, the United States Supreme Court decided United States v. Davis, which created difficulties for divorcing parties and attorneys. Although, there was no sale and no money changing hands, the transfer of appreciated property in exchange for marital rights was considered to be a “sale” with the transferor liable for payment of capital gains taxes. The gain was determined by the fair market value of the asset on the date of the transfer with the transferor deemed to have received the value equal to that portion of the fair market value transferred to the other spouse. Conversely, the transferee was charged with neither gain nor loss because the marital rights relinquished were not “appreciated property,” even though these rights were considered to be equal in value to the value of the property received. Thus, the transferee of appreciated property received it on a “stepped up” basis equal to the fair market value of the property received. Continue reading
Posted in Business & Commercial Law
New York law provides protections for oppressed minority shareholders. These protections are contained in under New York’s minority oppression statute, it’s interpretation by the Courts along with New York’s recognition of the fiduciary duties majority shareholders owe the minority. Continue reading
Posted in Injury Law, Motor Vehicle Accidents
I am involved in the process of renewing our law firm’s health insurance coverage, and in that context our broker brought our attention to this “unique to New Jersey” auto insurance option. New Jersey is the most populous state in the union, with more cars and people per capita than any other state. Given these realities, it is not surprising that New Jersey’s auto insurance rates are among the highest in the nation. Elected officials – and those seeking to be elected – often seize on the subject of reducing auto insurance costs as a popular campaign promise. Continue reading
Posted in Insurance Coverage & Liability
Suffering a first party insurance loss or facing a lawsuit from a third party can be two of the most difficult and unsettling experiences for an individual or business. To add to the turmoil, being told by the insurance company that there is no coverage for the claim can be enough to turn that bad situation into an unbearable one. The daunting prospect of being forced to navigate the financial or legal landscape alone is overwhelming. On top of that, finding out that the money you spent on insurance premiums does not provide the necessary coverage when it is needed most is like adding insult to injury. Rest assured, there may still be hope. Continue reading
Posted in Business & Commercial Law
A recent decision by the United States District Court (The Business Store, Inc. v. Mail Boxes Etc., Case No. 11-3662 (Wolfson, U.S.D.J.)- February 16, 2012) servers as a reminder that a franchisor’s forum selection clause may not be enforceable in New Jersey. In this case, the plaintiff franchisee filed suit in New Jersey state court for alleged breaches of the franchise agreement. The franchisor removed the case to federal court and sought to transfer venue to the Southern District of California pursuant to the franchise agreement’s forum selection clause. Continue reading
Posted in Injury Law, Motor Vehicle Accidents
I cannot stress enough the importance of knowing your listed “status” on your auto insurance policy. Are you a “named insured” or are you listed as an “authorized driver”. Continue reading
Posted in Litigation
I can’t help but abuse legalese in my everyday life. Last night was no exception, when I accused my Wife of “spoliating” my good mood by watching “Glee.” Although I may have convinced my Wife to the contrary, the term “spoliation,” has nothing to do with whiny 30 year-old “high school students” incomprehensibly breaking into song. In fact, spoliation occurs when evidence that is pertinent to a lawsuit is destroyed, which interferes with the Court’s proper administration and disposition of the action. Aetna Life and Cas. Co. v. Imet Mason Contractors, 309 N.J.Super. 358, 364 (App.Div.1998) (quoting Hirsch v. General Motors Corp., 266 N.J.Super. 222, 234 (Law Div.1993)). Continue reading
Posted in Trusts & Estates
If someone were to die without having a will in place, a common misconception that is often times mentioned is that the deceased’s assets are turned over to the State. This is completely false. Instead, state law determines who will receive the deceased’s property. Each state has a statute (the intestacy statute) that provides who the people are that are the closest relatives to the deceased, and those relative receive the deceased’s estate. Continue reading
