Recent Blog Posts

Protect your Identity: Exercise your Right of Publicity

By Stark & Stark on March 10th, 2011

Posted in Business & Commercial Law

Have you ever wondered what you’re worth? No, not your “net worth” (i.e. the cumulative value of your assets less any debts or liabilities), but the commercial value of your name, identity, image or likeness. Yes, you have a right of publicity: the right to control the use of your name, picture, voice, image or likeness, and to prevent another from using the same for commercial benefit without your consent. Continue reading →

Child Custody in Pennsylvania: “Best Interests” Enumerated Under New Law

By Stark & Stark on March 8th, 2011

Posted in Pennsylvania Law Monitor

On January 24th of this year, child custody law in Pennsylvania changed. Previously, child custody disputes where decided by a judge based upon the “best interests of the child” standard. This broad standard gave litigants, counsel and judges broad discretion in deciding what facts and factors constituted “best interests.” The new law helps focus the best interest inquiry and will aid in removing personal biases of judges, create more uniformity in decisions, and allow for better reasoned and more child-centric custody decisions. Continue reading →

The Seller’s Disclosure Statement

By Paul W. Norris on March 8th, 2011

Posted in Construction, Litigation, Real Estate

The completion of the Seller’s Disclosure Statement is a task that is often taken lightly by a Seller of residential real estate when they are preparing to sell their house. In fact, many individuals when faced with completing this task give it little thought and complete it in a cursory fashion. What a Seller should be aware of, however, is that any misstatement of fact, whether intentional or not may subject a Seller to liability post-closing. In the State of New Jersey a Seller of residential real estate has a duty to disclose any and all latent defects with regard to the condition of their property. A latent condition is a condition that is not otherwise observable, or in essence, hidden. Examples of latent conditions are radon contamination, underground oil tank leaks, or a history of water problems. Continue reading →

In Pennsylvania “Reasonable” Attorney’s Fees is a Subjective Standard

By Stark & Stark on March 1st, 2011

Posted in Pennsylvania Law Monitor

In Pennsylvania, common interest community associations are creatures of both real estate law and state statutes. A condominium’s enforcement authority is rooted in restrictions that both run with the land and are recorded as restrictive covenants with the deed clerk of the county where the common interest community is located. The primary statute for condominiums within Pennsylvania is the Uniform Condominium Act (68 Pa.C.S. § 3101 et seq). Continue reading →

Stark & Stark Enforces Age Restriction in a 55 and Older Common Interest Community

By Stark & Stark on February 28th, 2011

Posted in Business & Commercial Law

Stark & Stark recently obtained a favorable settlement for one of its 55 and older communities faced with a homeowner whose granddaughter resides in one of the units. The Association, after becoming aware of the violation in the age-restricted community, sent notices of the violation to the senior homeowner, who was over 55 years old, and offered Alternative Dispute Resolution (ADR) as a means to resolve the dispute without the need for litigation. Continue reading →

Minority Oppression: Transfer or Sale of Corporate Assets

By Stark & Stark on February 24th, 2011

Posted in Business & Commercial Law

Sometimes, controlling shareholders use the sale of corporate assets as a means to squeeze-out minority shareholders. This is often performed by the majority transferring those assets to a new entity which is not owned by the minority shareholder. New Jersey corporate law provides some level of protection for the minority shareholder if the transfer is not in the ordinary course of the company’s business. Continue reading →

Slip and Falls – Mode of Operation Rule

By Stark & Stark on February 16th, 2011

Posted in Injury Law

As a personal injury attorney I handle many slip and fall cases which occur within various and different establishments, including grocery stores, malls, casinos and residential premises. I have found over the years that there is a common misconception: just because you fall and are injured, does NOT mean that you will ultimately be compensated. Continue reading →

What is a Step-Down Provision on Your Insurance Policy, and How Will it Impact Your Family?

By Denise M. Mariani on February 16th, 2011

Posted in Motor Vehicle Accidents

I recently read a court’s decision interpreting a step-down provision of an insurance policy and realized that most consumers have no idea what a step-down provision is and how it impacts their family. A step-down provision limits claims under the uninsured and underinsured motorist benefits. The language of a step-down provision usually limits coverage to those who don’t have their own separate policy. It most often comes into play when there are multiple car insurance policies in the same household. Continue reading →

Practical ADR for Practical Associations

By Stark & Stark on February 9th, 2011

Posted in Business & Commercial Law

The scenarios are predictable and common. Faced with a request for alternate dispute resolution (“ADR”), the association’s property manager digs up the ADR policy to find it is full of legal terms and confusing procedures. Often times, the ADR committee members do not know how to start or what is expected, and the property manager can spend hours preparing the ADR committee (the members of which will likely change before the next hearing). A call goes out to the Association’s legal counsel to guide them through the process. Continue reading →

Multiple locations to better serve your needs—

Hamilton, NJ

100 American Metro Boulevard
Hamilton, NJ 08619
Phone: 609.896.9060
Secondary phone: 800.535.3425
Fax: 609.896.0629
county best pa pennsylvania reviews south jersey berks northhampton montgomery bucks lehigh valley gloucester burlington mercer

Philadelphia, PA

One Liberty Place, 1650 Market St., Suite 3600
Philadelphia, PA 19103
Phone: 267.907.9600
Secondary phone: 800.535.3425
Fax: 215.564.6245
county best pa pennsylvania reviews south jersey berks northhampton montgomery bucks lehigh valley gloucester burlington mercer

Marlton, NJ

40 Lake Center, 401 NJ-73, Suite 130
Marlton, NJ 08053
Phone: 856.874.4443
Secondary phone: 888.241.7424
Fax: 856.874.0133
county best pa pennsylvania reviews south jersey berks northhampton montgomery bucks lehigh valley gloucester burlington mercer

Yardley, PA

777 Township Line Road, Suite 120
Yardley, PA 19067
Phone: 267.907.9600
Fax: 267.907.9659
county best pa pennsylvania reviews south jersey berks northhampton montgomery bucks lehigh valley gloucester burlington mercer

New York, NY

5 Pennsylvania Plaza 23rd Floor
New York, NY 10001
Phone: 800.535.3425
county best pa pennsylvania reviews south jersey berks northhampton montgomery bucks lehigh valley gloucester burlington mercer

Bridgeton, NJ

78 W Broad St
Bridgeton, NJ 08302
Phone: 856.874.4443
county best pa pennsylvania reviews south jersey berks northhampton montgomery bucks lehigh valley gloucester burlington mercer