Recent Blog Posts

Lady Gaga’s Personal Assistant Sues for Overtime Compensation and Provides an Opportunity to Remind Those Who Employ Personal or Executive Assistants of Their Obligations Under Wage and Hour Laws

By Stark & Stark on January 27th, 2012

Posted in Business & Commercial Law

A former personal assistant of Lady Gaga recently filed a lawsuit against the entertainer’s touring company claiming that she was improperly denied hundreds of thousands of dollars in overtime pay under both the Federal Fair Labor Standards Act (“FLSA”) and New York state law. Continue reading →

When Can Individual Association Board Members Be Held Personally Liable For Actions of the Collective Board? Part 3

By Gene Markin on January 13th, 2012

Posted in Community Associations

New Jersey courts that have considered the application of the business judgment rule have concluded that the scope of judicial review of condominium association decisions is limited to a two-pronged test: (1) whether an association’s action was authorized by statute or its own bylaws and, if so, (2) whether the action was fraudulent, self-dealing or unconscionable. Thanasoulis, supra, 110 N.J. at 655; see also Chin v. Coventry Square Condo, 270 N.J. Super. 323, 328-29, (App. Div. 1994); Siller, supra, 93 N.J. at 382; Papalexiou v. Tower West Condo, 167 N.J. Super. 516, 527 (Ch. Div. 1979). Continue reading →

Do Community Associations Have the Authority Needed to Prohibit the Leasing of Units

By Stark & Stark on January 10th, 2012

Posted in Business & Commercial Law

A recent Appellate Division case, approved for publication (which means it will have Statewide application and authority) was recently decided regarding the ability of a homeowner association to restrict the leasing of a home. The case, Cape May Harbor Village And Yacht Club Association, Inc. v. Sbraga, et al., while a case of first impression in New Jersey, will probably be limited in scope and applicability throughout the State of New Jersey. Continue reading →

What Does it Mean to be a Certified Attorney?

By Stark & Stark on January 10th, 2012

Posted in Personal Injury

The answer to that question is not generally well-known outside of legal circles in New Jersey. You may be familiar with the term “board certified” or “board certification” as it applies to physicians. For the past several years in the medical field, many medical specialties have established boards, (i.e., American Board of Orthopedic Surgery, or American Board of Neuro-Surgery), which are managed by physicians within the specialty. These organizations establish standards for the practice of their specific specialty, and set minimum qualifications for a practitioner to meet in order to sit for an examination which tests their knowledge and skills. Successful completion of the process conveys the title “diplomate” of the board on the physician, who is thereafter “board certified” in that specialty. Continue reading →

Condominium Board Members Must Treat All Unit Owners Equally

By Stark & Stark on December 29th, 2011

Posted in Business & Commercial Law

Under the New Jersey Condominium Act and related case law, the boards that manage condominium or homeowners associations are required to treat their members fairly and equally. Most boards conform to that standard as a matter of course – they are, after all, made up of volunteers who want to maintain their community and help their neighbors. However, board members are regular people and as such, are capable of making decisions based upon personal feelings, bias and other improper basis, which, if challenged, could cause the Association to incur significant expense. Continue reading →

Liability & Negligently Issued Certificate of Occupancy

By Stark & Stark on December 21st, 2011

Posted in Construction

Many residents and laymen naturally assume that a municipality or building inspector that issues a certificate of occupancy should be held liable if they make a mistake or negligently issue the certificate. However, most people are surprised to learn that, as a matter of law, a municipality is not liable in tort for negligently granting a certificate of occupancy. In Fiduccia v. Summit Hill Constr. Co., 109 N.J. Super. 249 (Cty. Ct. 1970), the court has the occasion to address the very question of whether a municipality may be held liable to a landowner for negligence in granting a certificate of occupancy. The court concluded that it could not. Continue reading →

Requirements for a Proper Privilege Log

By Stark & Stark on December 20th, 2011

Posted in Litigation, Stark Events

Martin P. Schrama, Shareholder in Stark & Stark’s Litigation Group, and Stefanie Colella-Walsh, member of Stark & Stark’s Litigation Group, authored an article for the December 12, 2011 New Jersey Law Journal Product Liability & Toxic Torts Supplement entitled, Requirements for a Proper Privilege Log: The significance of these often overlooked rules. Continue reading →

Protective Arrangements: Guardianships and Conservatorships

By Elizabeth Walsh Kreger on December 15th, 2011

Posted in Trusts & Estates

It is an issue that most of us will be confronted with at some point in the future; how best to care for an aging loved one. People commonly think a Power of Attorney is the only method by which to manage another person’s affairs who may no longer be competent to do. There are other forms of protective arrangements, however, under New Jersey Law which provides a person who is to serve in a fiduciary role with substantial latitude to provide care for their loved one. These arrangements differ in nature as to the scope of the supervisory role. Continue reading →

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Hamilton, NJ 08619
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Philadelphia, PA 19103
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Marlton, NJ 08053
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