Posted in Business & Corporate, Trusts & Estates
Most family-owned business owners put off their succession planning because they don’t want to think about their retirement, disability or death, however, business succession planning should be a priority in every family owned business. A family owned business owner’s decision to eventually retire is not as simple as no longer going to the office. Continue reading
Posted in Personal Injury
Under Pennsylvania’s Dram Shop law, a business or individual who gives alcohol to a visibly intoxicated person is legally responsible for any damage that person might cause. The name “Dram Shop” comes from England, where gin was once sold by the spoonful, or “Dram.” Pennsylvania’ s Dram Shop law applies not only to businesses that serve alcohol, like bars and restaurants, but also to private events. Continue reading
Posted in Business & Corporate
In Cain v. Merck & Co. Inc., the New Jersey appellate division recently ruled that the New Jersey Business Corporation Act (N.J.S.A 14A:5-28(4)) allows shareholders with a proper purpose to inspect the minutes of the board of directors and executive committee of the corporation. Continue reading
Posted in Pennsylvania Law Monitor
The Mental Health Procedures Act (MPHA) establishes the procedures for the treatment of mentally ill patients in the Commonwealth of Pennsylvania. Of course, medical malpractice can and does occur to mentally ill patients in Pennsylvania who are subject to the MPHA under a 301 or 302 commitment. The typical Plaintiff in a medical malpractice will have committed suicide while being treated at a facility pursuant to the MHPA Continue reading
Posted in Real Estate
If you are denied the issuance of a permit on the basis that the proposal violates the zoning ordinance, you may wish to seek an appeal of the zoning officer’s decision. An appeal of any order, requirement, decision or refusal made by an administrative officer based on the zoning ordinance is brought by an appellant to the zoning board of adjustment. N.J.S. 40:55D-70a. The review of the decision by the board is to determine whether there was an error under the provisions of the zoning ordinance and applicable statutes. Continue reading
Posted in Real Estate, Trusts & Estates
There are three principal types of tenancies related to the ownership of real estate. Perhaps the most popular, and most familiar, is the joint tenancy. If two persons own a property as joint tenants, upon one person’s death, the other person automatically owns all of the interest in the property. There is no limit on the number of persons that can hold property as joint tenants. If a husband and wife own a property together and add their child to the deed, each will own a one-third interest in the property. Continue reading
Posted in Business & Commercial Law
As more and more business owners are forming limited liability companies (“LLC’s”) to operate their businesses, familiarity with the statute that governs limited liability companies (which in New Jersey is the New Jersey Limited Liability Company Act (the “LLC Act”)) is important. Most provisions of the LLC Act can be preempted by the LLC’s Operating Agreement, which is the agreement among the members of the LLC that governs its conduct and affairs. If the LLC’s Operating Agreement does not address a particular issue, the LLC Act governs. Continue reading
Posted in Nursing Home
CareOne LLC, the Fort Lee-based nursing and assisted living home, is involved in a bitter legal dispute between the company and a former senior executive over allegations of kickbacks, theft and sexually improper behavior. The dispute, which began roughly two years ago, involves at six suits filed in four different New Jersey courts. Continue reading
Posted in Business & Corporate
Homeowners often ask what legal remedies exist against builders, design professionals, and other parties for defects in design or construction of their homes. Often times, however, the defect is not readily apparent, and is therefore not discovered for several years after the homeowner begins residing in the house. Continue reading
Posted in Business & Commercial Law
Selling a home which you recently rented out because of the difficult real estate market? Well, you may discover that at closing, the state of New Jersey may want to escrow part of your closing proceeds to cover any existing tax debt or estimated taxes on any gain from the sale. Continue reading
