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Hoagland Longo Law Resource Blog

N.J. Supreme Court Declines to Reconsider Ethics Opinion Banning Lawyers from Online Legal Service Plans

July 18, 2018

The New Jersey Supreme Court recently declined to review a formal ethics opinion related to attorney participation in online legal services. Specifically, a group of three New Jersey State Bar committees said attorneys licensed in New Jersey may not be involved with “non-lawyer, corporately owned services that offer legal services to the public.” A group called Consumers for a Responsive Legal System asked the Supreme Court to reverse this opinion, but the justices denied the petition. more

Author: Joseph Leone | Practice Area: Legal Malpractice Defense

Does a Criminal Guilty Plea in New Jersey Subject You to Civil Liability?

July 12, 2018

Defendants often face a dilemma when charged with a crime that involves serious injury or death to an innocent person. On the one hand, the defendant may wish to resolve the criminal charges through a plea bargain. But by entering such a plea, the defendant opens themselves up to a potential civil lawsuit from the victim or their family. more

Author: Joseph Leone, William McGuinn | Practice Area: Criminal Defense

What Does the “Work-Product Privilege” Protect?

July 09, 2018

In all New Jersey civil litigation, a party is normally entitled to obtain discovery of non-privileged documents held by the other party. However, the attorney-client privilege protects any communications between a party and their own lawyer from discovery. There is also a related, yet distinct privilege for “work product” created in anticipation of litigation. more

Author: Joseph Marabondo | Practice Area: General Liability

Can My Spouse's Creditors Force Me to Sell My Home?

July 03, 2018

One of the key family law concepts in New Jersey is that of a “tenancy by the entirety.” This is a fancy, legal way of describing property jointly owned by a married couple. In other words, if you and your spouse hold title to your home as tenants by the entirety, that means you effectively own the property as a single legal entity. more

Author: Jessica Mazur, Andrea Mackaronis, Brian McFadden-DiNicola | Practice Area: Family Law

Legislature Passes Bill to Limit Liability of Fuel Oil Dealers

June 26, 2018

On June 21, 2018, the New Jersey Senate passed S2662 unanimously with a vote of 40-0. The Assembly substituted S2662 for A4113, which was identical, and passed S2662 earlier this week. more

Author: Jacob Grouser | Practice Area: Environmental & Toxic Tort

N.J. Special Master Concludes 20,000 DWI Convictions Based on Unreliable Breath Tests

June 21, 2018

Last September we discussed a stunning development in New Jersey DWI law. Prosecutors charged a New Jersey State Trooper with failing to follow established protocols for calibrating the Alcotest 7110 MKIII-C devices used to test a DWI suspect's blood-alcohol content. More egregiously, prosecutors alleged the Trooper falsely certified that he had followed the protocols. more

Author: William McGuinn | Practice Area: DWI-DUI

New Jersey Equal Pay Act to Take Effect on July 1

June 15, 2018

All New Jersey employers need to be aware of the recent passage of the Diane B. Allen Equal Pay Act, which has been described as one of the strongest “equal pay” laws in the country. The Act, signed into law by Gov. Phil Murphy in April, takes effect on July 1 and requires employers to take certain steps to ensure they are not paying similarly situated employees differently based on sex, race, or other protected employee characteristics. more

Author: Jennifer Passannante, Kenneth Cesta | Practice Area: Labor & Employment Law

The Erosion of the “Faker” Defense?

June 14, 2018

In personal-injury trials, defense counsel question plaintiffs’ credibility in various ways.  Where applicable, one method is by offering evidence of a plaintiff’s symptom magnification, exaggerations or malingering – euphemisms for simply faking it.  However, a New Jersey Appellate Division decision, Rodriguez v. Wal-Mart Stores, Inc., 449 N.J. Super. 577 (App. Div. 2017), has limited the use of such evidence.  The Rodriguez case has been granted certification to the New Jersey Supreme Court. more

Author: Frank Kontely | Practice Area: General Liability

MYSTERY SOLVED: The New Jersey Supreme Court Declares Phantom John Doe Driver Can Be Placed on the Verdict Sheet for Apportionment of Fault at the Time of Trial

May 14, 2018

In the past, identified defendants drew the shorter straw when it came to involvement of culpable but unidentified tortfeasor, such as operators of phantom vehicles. The courts would not allow the identified defendant to request the jury to apportion fault with a John Doe defendant, which usually meant the identified defendant was the only defendant listed on the jury verdict sheet and was left holding the bag at the time of verdict. more

Author: Frank Caruso, John Burns | Practice Area: General Liability

New Jersey Court Considers Whether State Anti-Discrimination Laws Cover “Telecommuting” Employees Outside the State

April 18, 2018

Employment discrimination has been in the headlines during the past several months. And although New Jersey has long had strict laws banning sex discrimination in the workplace, it is still unclear how these rules apply to non-traditional work arrangements like telecommuting. After all, thanks to computers and smartphones, many employees can work for a New Jersey-based employer from any state. But are those employees entitled to the protections of the New Jersey Law Against Discrimination (NJLAD more

Author: Jennifer Passannante | Practice Area: Labor & Employment Law, Policies & Procedures

What’s the Difference Between a Fault and No-Fault Divorce?

March 15, 2018

In order to get a divorce, New Jersey requires that a divorce-seeking petitioner show grounds for the divorce, or explain the reason for which the divorce is being sought. In this blog, our family law attorneys provide an overview of fault versus no-fault divorce and what you need to do if you’re seeking dissolution of marriage. more

Author: Brian McFadden-DiNicola, Andrea Mackaronis, Jessica Mazur | Practice Area: Family Law, Separation

New Jersey Finalizes First of its Kind Pharmaceutical Gift Ban to Physicians; New Administration Considering Changes

February 21, 2018

After publication and hearing in October 2017, a final Administrative Rule related to contracts and payments entered into with physicians by drug companies took effect on January 15, 2018. Under the new arrangement, physicians are not able to accept any financial benefit, that does not advance disease or treatment education. In this blog, Ryan Jones discusses the how this rule, being the first of its kind in the U.S., will impact the future of Health Care and Transactional Law. more

Author: Ryan Jones | Practice Area: Health Care Law, Transactional / Business

After the Storm: What your business needs to know about clearing snow and ice

January 30, 2018

A storm-in-progress defense means a commercial landowner will not be responsible for a slip-and-fall accident as a result of the accumulation of snow or ice from sidewalks, walkways, driveways, and parking lots, until a reasonable period after the storm ends. In this blog, Frank Caruso discusses 5 factors that are used to determine whether or not it is reasonable for commercial landowners to shovel or salt walkways, and how much time they have to do so. more

Author: Frank Caruso | Practice Area: General Liability

Divorce and Taxes: How the new tax bill will impact alimony, child support, and prenuptial agreements in New Jersey

January 15, 2018

It’s no secret that most of the divorce complaints in New Jersey are resolved via settlement. However, the tax bill which was recently passed and signed by the President is poised to shake the foundations of the practice. In this blog, Andrea Mackaronis shares what couples, separated and divorced, need to know before the new tax bill kicks in. more

Author: Andrea Mackaronis | Practice Area: Family Law, Pre-nuptial Agreements, Mediation, Arbitration, and Alternatives to Litigation, Child Support, Collaborative Law, Equitable Distribution of Assets and Liabilities, Separation

New Department of Labor Release on Unpaid Interns - Legal or Not?

January 09, 2018

Jennifer Passannante analyzes the new "primary beneficiary" test adopted by the U.S. Department of Labor (DOL) which clarifies when interns and students working at for-profit employers will be considered employees under the Fair Labor Standards Act (FLSA), thereby entitling them to compensation. Find out the facts behind the DOL's recently implemented "Internship Programs under the Fair Labor Standards Act". more

Author: Jennifer Passannante | Practice Area: Labor & Employment Law, Employment Agreements, Policies & Procedures

Climate Change in the Current Climate

December 28, 2017

In this blog, Amie Kalac takes a look at a trending area of law regarding private actions against parties allegedly responsible for climate change. Amie discusses the legal and political conditions in the U.S. surrounding climate change and the evolving impact of the Trump administration on climate change policy and law. more

Author: Amie Kalac | Practice Area: Environmental & Toxic Tort, Asbestos, National Counsel, Toxic Torts, Litigation & Compliance / Enforcement

The Sharks are Circling: How a Design Professional Can Protect Its Work in the Digital Age

December 11, 2017

The technological revolution of the last quarter century has connected the world in ways unimaginable by facilitating the free-and-easy dissemination of information. In this blog, Sean Ryan breaks down a recent case which illustrates the importance of registering the work and the substantial benefits that emanate from federal copyright protections. more

Author: Sean Ryan | Practice Area: Architects & Engineers, Design Defects/Errors & Omissions, Risk Management

Appellate Court Confirms that Agreements to Arbitrate Law Against Discrimination Claims are Enforceable

November 07, 2017

A recent New Jersey Appellate Division decision has confirmed that agreements between employees and employers to arbitrate discrimination or retaliation claims can be enforced, thereby barring employees from bringing such a lawsuit in civil court. In this blog, Aron Mandel reviews the recent decision and discusses why the employment agreement was found favorable by the court. more

Author: Aron Mandel | Practice Area: Labor & Employment Law, Defamation of Character, Discrimination in the Workplace, Employer Insurance Coverage, Harassment in the Workplace, Hiring & Firing of Employees, Policies & Procedures, Employment Agreements

Whistleblowers Can’t Just Play the Blame Game

November 01, 2017

Leslie S. Park discusses a recent New Jersey Appellate Division decision that makes clear that general reference of a law, policy or regulation may not be enough to support a claim under CEPA. Learn about how plaintiffs can support a viable CEPA claim and how this relates to the conduct or action causing the complaint. more

Author: Leslie Park | Practice Area: Labor & Employment Law, Harassment in the Workplace, Hiring & Firing of Employees, Policies & Procedures, Public Employers and Employees, Discrimination in the Workplace

In Case You Missed It – NJ Superior Court Tackles Transgender Child’s Name Change in a Case of First Impression

October 13, 2017

In the recent matter of Sacklow v. Betts, the New Jersey Supreme Court was presented with Ms. Sacklow's application to change the name of her transgender child. The matter was decided on March 17, 2017, when the Court found the name change would be in the child’s best interests. In this blog, Andrea Mackaronis breaks down the list of factors that were created and considered by the Court in the decision that will pave the future of transgender youth in New Jersey. more

Author: Andrea Mackaronis | Practice Area: Family Law, Alimony, Spousal Support, and Separate Maintenance, Child Custody & Parenting Time, Child Support, Equitable Distribution of Assets and Liabilities, Collaborative Law, Mediation, Arbitration, and Alternatives to Litigation, Pre-nuptial Agreements

Back to School Tips for Divorced Parents

October 12, 2017

Transitions are always difficult for divorcing or divorced families, as new schedules and obligations can disrupt mutually agreed-upon rules and practices. Just like summer break, the start of the school year can create issues and questions for parents who are separated or divorced. Jessica N. Mazur covers the main concerns for divorced parents and gives tips on how to make the school year run smoothly. more

Author: Jessica Mazur | Practice Area: Family Law, Separation, Child Custody & Parenting Time, Child Support, Equitable Distribution of Assets and Liabilities, Pre-nuptial Agreements, Collaborative Law

The Shielding of Documents Under New Jersey's Patient Safety Act

October 09, 2017

It is critical for health care facilities to understand the Patient Safety Act (PSA) and its regulations so that they can ensure that their documents and communications related to post-incident investigations are privileged. In this blog, Sharon Flynn breaks down the PSA and reveals what health care facilities can do to minimize the risk of exposing internal documents in court. more

Author: Sharon Flynn | Practice Area: Health Care Law, Health Care Facilities, Professional Liability & Malpractice Defense

"I'm taking the dog.": 7 Reasons Why Engaged Couples Should Sign Prenuptial Agreements

September 20, 2017

We all remember the scene in Legally Blonde when Elle Woods helps her manicurist, Paulette, take back her dog from her less-than-charming ex husband. Making the painful decision as to who gets the dog after a divorce doesn’t have to be your responsibility. Property, inheritance, even ownership of the antique bedframe, can all be listed in a Prenuptial Agreement which helps preserve each partner’s expectations and immediately prevents surprises if a divorce should arise. more

Author: Jessica Mazur, Brian McFadden-DiNicola, Andrea Mackaronis | Practice Area: Family Law, Pre-nuptial Agreements

Wearable Technology: Small Devices With A Large Impact

August 23, 2017

In the time we live in, technology has evolved, and continues to do so, at a rapid pace. In this blog, Joseph Marabondo breaks down what classifies as 'wearable technology', why it is important and how it affects lawyers. Trend or not, it would behoove attorneys to utilize the unique information stored therein to further strengthen their positions. more

Author: Joseph Marabondo | Practice Area: General Liability, Products Liability

Splitting Custody & Moving? Interstate Relocation Cases are Changing in New Jersey.

August 16, 2017

The New Jersey Supreme Court did a very rare thing on Tuesday, August 8, 2017, which will have a significant effect on all interstate relocation cases in New Jersey. In the case of Bisbing v. Bisbing, the New Jersey Supreme Court found adequate reason to stray from the stare decisis principle and reset the standards for interstate relocation cases. more

Author: Brian McFadden-DiNicola | Practice Area: Family Law, Child Custody & Parenting Time

Opportunities for Composition in Brief Writing: Gain Every Advantage for your Client

August 02, 2017

Legal writing is one of the most discussed topics in the practice of law, yet there are additional tools available for effective advocacy that the average attorney may be unaware. Attorney Mark Bonavitacola shares tips for brief drafting, local briefing requirements and the best way to showcase your knowledge and defend your client. more

Author: Mark Bonavitacola | Practice Area: Construction Law, Design Defects/Errors & Omissions, Architects & Engineers, Construction Delay Claims, Construction Defect, Risk Management

The Resistance Against Avvo's Client-Linking Services Spreads to New Jersey

July 05, 2017

New Jersey joins a number of States in banning attorneys’ participation in Avvo’s programs which require attorneys to pay “marketing fees.” In this blog, Joseph V. Leone and Samantha R. Catanese examine the Joint Opinion issued by New Jersey Supreme Court prohibiting New Jersey attorneys from participating in the Avvo client-linking legal service. more

Author: Joseph Leone, Samantha Catanese | Practice Area: Construction Law, Premises Liability, Trucking & Transportation, Plaintiff's Personal Injury, Legal Malpractice Defense, Criminal Defense, DWI-DUI, Transactional / Business, Governmental Law, Real Estate Tax, Commercial Real Estate, Corporate Law & Transactions

A New Consideration in Litigating Automobile Negligence Actions: Recoverability of Medical Expenses that Exceed PIP Coverage Limits

July 03, 2017

New Jersey has a new consideration in litigating automobile negligence actions: recoverability of medical expenses that exceed PIP coverage limits. In this blog, Sarah Buckley discusses how this decision increases the value of cases in situations where a plaintiff may have chosen a smaller amount of PIP coverage but has sustained serious injuries as a result of a motor vehicle accident. more

Author: Sarah Buckley | Practice Area: Insurance Coverage & Bad Faith Litigation, Automobile Liability, General Liability

The Roof Over Your Head Should Cover More Than Just You

June 13, 2017

Roof warranties often protect owners from issues encountered during warranty periods. In this blog, attorney Peter K. Oliver divulges three, need to know contract clauses to look for when replacing your roof, and offers an insightful look at Tesla's solar roof warranties, a product that is set to enter the market June 2017. If your roof fails to cover you, you should know what your roof warranty covers. more

Author: Peter Oliver | Practice Area: Construction Law, Construction Defect, Design Defects/Errors & Omissions, Risk Management

You've Been Served: on Facebook?

June 06, 2017

In the age of social media, tortious conduct can easily arise between people in different states. What recourse does a litigant have when they are seeking to obtain jurisdiction over someone who has harmed or wronged them from another state and is not able to be served in New Jersey? Find out how out of state service via Facebook can satisfy the court. more

Author: Juliann Alicino | Practice Area: General Liability

Appealing NJ Municipal Court DWI Convictions May Stay Your License Suspension

May 30, 2017

When a defendant is convicted of driving while intoxicated (DWI) in New Jersey, the municipal court is required to suspend that defendant’s driver’s license. If a defendant chooses to appeal their conviction, their attorney will often request a stay of the license suspension. Based upon the Court’s ruling in Robertson, defense attorneys should have relatively easy time obtaining a stay of their client’s license suspension while an appeal from municipal court to the Law Division is pending. more

Author: William McGuinn | Practice Area: Criminal Defense, DWI-DUI

Planning for Summer Parenting Time During a Divorce

May 16, 2017

For children, summer is traditionally a time for school break, summer camp, pool trips, and family vacations. Unfortunately, for children whose parents are going through a divorce, summer can also mean fighting parents and a poorly planned vacation. In this blog, Attorney Brian McFadden-DiNicola shares tips to help divorcing couples ensure fond summer memories for their children. more

Author: Brian McFadden-DiNicola | Practice Area: Family Law, Child Custody & Parenting Time

Important HR Considerations for Any Small Business Owner

May 02, 2017

Being a small business owner does not come without its share of significant challenges. Small business owners must often juggle a host of competing roles, demands, and expectations. This blog addresses the most common issues and some tips for avoiding them. more

Author: Jennifer Passannante | Practice Area: Labor & Employment Law

The Impact of Property Owner Involvement in Construction Projects

April 25, 2017

With both a property owner looking to start a project and a contractor hired by a controlling client, it needs to be understood that the property owner’s level of involvement in the project can have serious consequences in the event of a lawsuit. more

Author: Edward Ryan | Practice Area: General Liability

Watch Your Step! Elevator Accidents Require Prior Notice of their Dangerous Conditions.

April 19, 2017

Elevators are a common source of liability for commercial properties and the parties who own, operate and maintain those properties. The failure to properly inspect and care for elevators can lead to liability for all those involved with their use. The liability analysis imposed by our courts is fact sensitive. General legal principals of premise liability apply requiring a demonstration of actual or constructive notice of the dangerous condition to impose liability. more

Author: Joseph Leone | Practice Area: Premises Liability

Recent New York Appellate Decision Sets Higher Bar for Proof in Asbestos Cases

April 17, 2017

The decision made in an automotive brake dust matter should have a broader applicability in future asbestos litigation and will set a higher bar of proof for plaintiffs. more

Author: Jessica Saad | Practice Area: Environmental & Toxic Tort

Digital Discrimination: How Online Job Applications May Subject Employers to Legal Action

April 03, 2017

The job market and application process are increasingly being driven by digital job platforms such as Monster, Indeed, and CareerBuilder, in addition to employers’ own company websites. While perhaps increasing efficiency, these online application platforms also raise unique legal considerations which may potentially increase employers’ exposure to claims of unlawful discrimination. more

Author: Salvatore Mautone | Practice Area: Labor & Employment Law

The Economic Loss Doctrine (ELD) can bar negligence claims in construction matters, but what about Fraud?

March 31, 2017

Ted Hubert IV explains where ELD is applied and why, but also addresses where ELD’s stand when it comes to fraud claims which are fairly common in construction and other commercial litigation settings. more

Author: Thaddeus Hubert, IV | Practice Area: Construction Law

You’re Divorced. Now What?

March 28, 2017

Even after you take care of all of the typical post-judgment items from your divorce, you still may be forgetting some things that require urgent attention ..... more

Author: Andrea Mackaronis | Practice Area: Family Law

The SECOND Good Reason for Mediation: It Saves Time & Money

March 24, 2017

In the second installment of articles geared towards informing people of the benefits of mediation, Hon. Bradley J. Ferencz, JSC (ret.) addresses another good reason - it saves time and money. more

Author: Bradley Ferencz | Practice Area: Mediation and Alternative Dispute Resolution

NOW IN EFFECT IN NJ - Automatic Child Support Termination!

March 17, 2017

For years, many clients have been perplexed why they are required to pay child support for their “adult” children. Fortunately for those child support payors, this scenario has become a thing of the past since the governor signed A-2127/S-1046 into law on January 19, 2016. more

Author: Andrea Mackaronis | Practice Area: Family Law

Arlene Fricke Celebrates 50 years!

March 01, 2017 more

Author: | Practice Area:

Before You Get Behind the Wheel for Uber or Lyft, Give Your Car Insurance Policy Another Glance.

February 28, 2017

On February 10, 2017, New Jersey Governor Chris Christie signed legislation giving ride-sharing companies the green light to conduct business in the Garden State. However, most personal insurance policies exclude coverage for commercial activities, like driving for profit. more

Author: Joseph Morgese | Practice Area: Automobile Liability

How Recent Remittitur Decisions Affect an Asbestos Defendant’s Damages Analysis in New York Litigation.

February 21, 2017

In several recent decisions, the New York Appellate Division, First Department provided guidance as to how appellate courts may treat remitted verdicts in asbestos cases moving forward. more

Author: Elizabeth Lautenbach | Practice Area: Environmental & Toxic Tort

You Finally Decided Upon Divorce. Could a Collaborative Approach Work Best for You?

February 10, 2017

We are in the midst of what some family attorneys refer to as “divorce season,” which marks a spike in divorce filings in the couple of months following the holidays. Divorce is often portrayed in the media as a melodramatic and scary experience. While divorce is a significant legal event, it does not necessarily have to be overemotional and daunting. Collaborative divorce is an approach that gives more

Author: Sarah Buckley | Practice Area: Family Law

The FIRST Good Reason for Mediation: Certainty

February 08, 2017

In the first blog issue of many, Hon. Bradley J. Ferencz, JSC (ret.) aims to inform people of all the benefits to mediation. more

Author: Bradley Ferencz | Practice Area: Mediation and Alternative Dispute Resolution

Rooted in Precedent and Simultaneously Unprecedented: President Trump’s Executive Action on Immigration

January 30, 2017

In an informative blog article on the recent updates to Immigration under the Trump Administration, Julio Navarro with our Immigration Department notes the instances in which section 1182(f) of the INA of 1952 was invoked to bar a certain class of persons from entering the country. Within the context of this statute, Mr. Navarro demonstrates that while President Trump’s order is rooted in precedent, it is simultaneously unprecedented. more

Author: Julio Navarro | Practice Area: Immigration Law

Avoiding the “Slippery” Slope: Supermarket Slips and Falls & The “Mode of Operation” Doctrine.

January 23, 2017

Appellate Division affirms summary judgment in supermarket slip and fall where Plaintiff failed to establish premises liability by “mode of operation”. more

Author: Joseph Leone | Practice Area: General Liability

Roberts, Neumann and the Broad Scope of the New Jersey Charitable Immunity Act.

January 16, 2017

Every organization, whether a “non-profit” or “for profit”, is open to liability on any number of acts or omissions. However, where a for profit can pass these costs on to consumers, non-profits of all types often cannot. This means non-profits are forced to divert the limited funds they have away from their mission and into the pockets of insurers. A clear trend in the decisions of New Jersey’s Courts has developed in an attempt to remedy this harsh reality. more

Author: Joseph Fuirita | Practice Area: General Liability

Pre-Existing Conditions: Burden Shifting and the Apportionment of Damages

December 31, 2016

In some medical malpractice matters, there appears to be a great deal of confusion amongst jurors in understanding when and how the burden of proof shifts in cases concerning pre-existing conditions and diseases. Here is a blog article, written by Sharon Flynn with our Health Care Law Group, on what the plaintiff's burden of proof is and when that shifts to the defense. more

Author: Sharon Flynn | Practice Area: Health Care Law

Tis the Season – To Avoid Religious Discrimination and Harassment in the Office

December 16, 2016

During the Holiday Season, with decorations, events, and parties being omnipresent, it is easy to see how employers may be faced with a situation where an employee may feel discriminated against or harassed based on their religion or where there are issues with an employee’s religious expression or desire to opt out of holiday festivities. To that end, employers can protect themselves by following a few general guidelines. more

Author: Timothy Koch | Practice Area: Labor & Employment Law

AVVO’s “Fixed Fee Limited Scope” Platform Presents Ethical Violations

December 12, 2016

AVVO, a for-profit website which connects clients with attorneys, has been under scrutiny by state bar associations’ ethics boards for a service they provide – “Fixed Fee Limited Scope (FFLS)” – that allows clients to obtain “limited scope” legal representation at a fixed-fee set by AVVO. The platform raises some serious issues, but the primary ethical concern surrounds fee-sharing with non-lawyers. The prohibition against such agreements has been a constant in the legal world, but in an ever more

Author: Samantha Catanese, Joseph Leone | Practice Area: Legal Malpractice Defense

Self-Driving Cars: What Do They Mean for the Automobile Insurance Industry?

December 05, 2016

With advancements in the automobile industry, like self-driving, or even semi-autonomous cars from companies like Telsa, Apple, and Google, many questions arise, including what happens when an injured driver pursues a claim against another for alleged negligence. New Jersey and a number of other states are ahead of the curve with their adoption of a system of laws commonly known as Personal Injury Protection (“PIP”) or simply “no-fault insurance". more

Author: Shannon Dobel | Practice Area: Automobile Liability

No “Fraud” Required for Consumer Fraud Act Violations

November 21, 2016

Nearly every lawsuit against a contractor includes claim of Consumer Fraud Act violations, but although the Act punishes the typical fraudulent behavior such as “bait and switch” of materials, most contractors fall victim to the minor, technical violations. To make matters worse, these allegations are generally not covered by insurance. more

Author: Edward Ryan | Practice Area: General Liability

Let’s Be Clear: The Importance of Language in Mandatory Arbitration Clauses

November 18, 2016

Arbitration, a widely known and used alternative dispute resolution (ADR) process, is often favored by parties who are seeking to avoid traditional litigation in New Jersey’s court system, and the Court has held arbitration clauses to a high standard. However, the Court has also made it clear that if mandatory arbitration clauses do not clearly advise parties that they are waiving their right to a trial by jury, those clauses will be held unenforceable. more

Author: Nicole Tracy | Practice Area: Commercial Litigation

How Are You Impacted by the Amended Alimony Statute in Terms of Cohabitation?

November 08, 2016

The amended alimony statute, N.J.S.A. 2A:34-23, was enacted on September 10, 2014, and we are now starting to see cases come down the appellate pipeline that give some guidance to the lower courts with respect to how the amended statute is to be interpreted. This blog article speaks to the recent unpublished case Robitzski v. Robitzski which addresses cohabitation. more

Author: Jessica Mazur | Practice Area: Family Law

A Poor Attitude Can Find an Employer at the “Core” of an Employee’s Sexual Harassment Claim

October 31, 2016

The New Jersey Supreme Court recently overturned a decision of a lower Court that prevented testimony alleging a Mayor ordered an after-the-fact cover-up of sexual harassment in a city employee’s suit alleging discrimination. In doing so, the Court may have signaled its approval of an expanded scope of analysis to allow examination of an employer’s corporate attitude and culture before allowing defenses based on the creation and enforcement of anti-discrimination policies. more

Author: Aron Mandel | Practice Area: Labor & Employment Law

Sane Enough To Decide Whether You Are Insane?

October 10, 2016

New Jersey Supreme Court holds that once declared competent to stand trial, a defendant must decide whether to assert an insanity defense. more

Author: Andrew Obergfell, William McGuinn | Practice Area: Criminal Defense_ORIGINAL

Another Tale of the Significant Role of Science in the Expanding Frontier of Environmental Law

September 27, 2016

Informative blog on the toxic tort cases, Carl v. Johnson & Johnson and Balderrama v. Johnson & Johnson, and how the trial court took a stricter approach to the science behind the experts’ opinions to find that they were not adequately supported. more

Author: Amie Kalac | Practice Area: Environmental & Toxic Tort, Asbestos, National Counsel, Litigation & Compliance / Enforcement, Toxic Torts

Thousands of New Jersey DWI Convictions Could Be Tainted – Is Yours One of Them?

September 21, 2016

On September 20, 2016, Sergeant Marc Dennis, a former coordinator with the State Police Alcohol Drug Testing Unit, was charged in relation to his role in to the recalibration of breathalyzers. The New Jersey Division of Criminal Justice has advised court administrators that over 20,000 Driving While Intoxicated (DWI) cases could be subject to challenge. more

Author: Joseph Leone, William McGuinn | Practice Area: DWI-DUI, Criminal Defense

Is Savings a Component of the Marital Lifestyle That Should Be Protected in an Alimony Award?

September 19, 2016

There has been a long running dispute in matrimonial circles about whether marital savings is a component of the marital lifestyle. The Appellate Division took twenty-one (21) pages to confirm and forty-five (45) years to answer, yes, savings is a component that should be protected in an alimony award. more

Author: Brian McFadden-DiNicola | Practice Area: Family Law

Sleeping it Off – Can You Be Convicted of DWI for Sleeping in Your Car?

August 30, 2016

Very often the question arises, can I be convicted of Driving While Intoxicated (DWI) if I decide to “sleep it off” before driving. The answer is complicated. However, the law in New Jersey tends to favor the arguably responsible action of waiting to sober up before driving. more

Author: William McGuinn | Practice Area: Criminal Defense_ORIGINAL

Scope of Potential Liability Expanded in NY for Manufacturers with Third-Party Asbestos Components

August 16, 2016

A long-awaited decision recently handed down by the New York Court of Appeals expanded the scope of potential liability of manufacturers whose products utilized asbestos components designed and produced by another company. more

Author: James Goodloe II | Practice Area: Environmental & Toxic Tort, Asbestos, Litigation & Compliance / Enforcement, National Counsel, Toxic Torts

Snapchat and Pokemon Go: Taking Distracted Driving to a New Level

August 09, 2016

The introduction of smart phones brought distracted driving to an unprecedented level with texting, emails, tweeting, posting, and booking dinner reservations with the tap of a screen. Now, with the soar in popularity of apps like Snapchat and Pokemon Go, it’s arguable that driving just got a lot more dangerous. more

Author: Kathryn Suchman | Practice Area: Automobile Liability, General Liability

NJ's Deemer Statute: How it Can Affect a Visiting PA Resident’s Right to Sue

July 14, 2016

While a Pennsylvania resident may be paying higher insurance premiums to avoid the restrictions imposed by the “limited tort” option in their home state, a trip to New Jersey may significantly alter their coverage by operation of the Deemer Statute. more

Author: Malcolm McPherson | Practice Area: Automobile Liability, General Liability

Why Client Communication Should be a Standard Practice

July 07, 2016

According to the New Jersey Rules of Professional Conduct, “a lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information.” RPC 1.4(b). Not only is regular communication with the client mandatory, but it is also just good practice. more

Author: Joseph Petrillo | Practice Area: Construction Law, Administrative & Regulatory Violations, Construction Defect, Architects & Engineers, Construction Delay Claims, Construction Site Accidents, Consumer Fraud, Design & Software Copyright, Design Defects/Errors & Omissions, Environmental & Toxic Mold, Indemnification & Coverage, Public Bidding & Bid Protests, Pre-Claim Assistance, Risk Management, School Construction

Will the New Jersey Supreme Court’s elimination of an employment contract provision lead to the same in other types of contracts?

June 27, 2016

Rodriguez v. Raymours Furniture Co. Inc.: Will the New Jersey Supreme Court’s elimination of an employment contract provision reducing the 2-year statute of limitations in contracts to 6 months lead to an elimination of provisions in other types of contracts? more

Author: Frank Caruso | Practice Area: Automobile Liability, General Liability, Insurance Coverage & Bad Faith Litigation, Construction Site Accidents, Indemnification & Coverage

Is Talc the New Cigarette? The Rise of Cosmetic Talc Litigation

June 20, 2016

Over the last few years, the traditional asbestos litigation landscape has begun to change, with an influx of cases now focusing on the potential threat of cancer from the use of talcum powder products. more

Author: Jillian Madison | Practice Area: Environmental & Toxic Tort, Asbestos, Litigation & Compliance / Enforcement, National Counsel, Toxic Torts

Criminal Trial vs. Deportation Proceedings: What Sets Them Apart?

June 02, 2016

Criminal Trial vs. Deportation Proceedings: What Sets Them Apart? more

Author: Julio Navarro | Practice Area: Immigration Law

U.S. Immigration Officials are Planning a New Round of Raids.

May 18, 2016

According to a recent Reuters report, officials are targeting “hundreds of Central American mothers and children found to have entered the country illegally.” more

Author: Julio Navarro | Practice Area: Immigration Law

Work Visas: Why a Dual Intent Visa May Be Better For Your Company.

April 29, 2016

Most foreign citizens who want to live permanently in the United States obtain immigrant visas. There are family based immigrant visas, employment based immigrant visas, special immigrant based visas, and diversity based immigrant visas. However, another way for foreign citizens to gain permanent residence in the United States is through a dual intent non-immigrant visa. more

Author: Jason Gosnell | Practice Area: Immigration Law, Environmental & Toxic Tort, Litigation & Compliance / Enforcement, Appellate Practice, Corporate Law & Transactions

Time Is On Whose Side? What Happens After FMLA Leave Has Been Exhausted?

December 17, 2015

As the saying goes, “Showing up is half the battle.” In the employment context, showing up to work is actually considered an “essential job function” and may be critical for continued employment. more

Author: Jennifer Passannante | Practice Area: Labor & Employment Law, Family Leave, Policies & Procedures

His Ex-Wife Will Not Allow His Girlfriend Near His Kids

November 20, 2015

When should a divorce agreement have restrictions on parties having an overnight with a significant other during their parenting time? Judge Jones takes up the mantle of clarifying the appropriate circumstances for DeVita restraints in his recent published decision. more

Author: Jessica Mazur | Practice Area: Family Law, Alimony, Spousal Support, and Separate Maintenance, Child Custody & Parenting Time

Beyond the Four Walls: When Internet Harassment Impacts the Workplace

November 12, 2015

Co-workers are increasingly chitchatting and swapping information well beyond the classic meeting place: the office water cooler. With LinkedIn, Google+, Facebook, Twitter, Instagram, and Snapchat, among a host of other social media platforms, employees are certainly well-connected. more

Author: Jennifer Passannante | Practice Area: Labor & Employment Law, Harassment in the Workplace

Why Prenuptial (and Premarital and Antenuptial) Agreements are for EVERYONE [1]

November 05, 2015

I have had a lot of friends and acquaintances over the years who discuss prenuptial agreements as if they are offensive. These naysayers do not dare broach the subject with their significant other because they think that it would be rude, or that it implies that there is no trust in the longevity of the relationship. Why on earth would you be uncomfortable discussing ANYTHING with your soon-to-be spouse? more

Author: Andrea Mackaronis | Practice Area: Family Law, Pre-nuptial Agreements

Tips for Hurricane Joaquin Preparedness - Do You Have Flood Insurance?

October 01, 2015

Although the forecast models are still unsure whether Hurricane Joaquin will make a direct hit on our area, it appears certain there will be heavy rainfall causing a significant impact. Did you know that in New Jersey all homeowner’s insurance policies exclude water damage caused by flooding? more

Author: Juliann Alicino | Practice Area: General Liability, Insurance Coverage & Bad Faith Litigation

I’ve Been Sued For a Car Accident. What Do I Do?

September 28, 2015

Many times, accidents are just that—accidents. But you may find yourself in the situation where you’re being sued by another person for injuries they claim you caused. It’s not a situation many would choose to be in. However, there are steps that you can take early on in order to make the process a little smoother. more

Author: Kathryn Suchman | Practice Area: Automobile Liability

How To Win Your Divorce in 3 Easy Steps

September 22, 2015

Well, not exactly. There is really no such thing as winning or losing in a divorce case - and if anything, both parties lose, because a marriage and family are often falling apart. The real goal of a divorce, in my opinion, is to mitigate damage and stop the bleeding. I am referring to the damage that befalls your children and the wasting of marital assets due to protracted litigation. more

Author: Andrea Mackaronis | Practice Area: Family Law

Implications of Oh v. Kang

September 14, 2015

Oh v. Kang was an unpublished decision of our Appellate Division issued on March 12, 2015. The matter before the Court seemed relatively straightforward – whether the trial Court’s dismissal of the dental malpractice complaint was appropriate under the Affidavit of Merit Statute N.J.S.A. 2A:53A-27. more

Author: Joseph Petrillo | Practice Area: Construction Law, Architects & Engineers, Administrative & Regulatory Violations

A Police Officer Must Give You the Opportunity to Produce Your Credentials

September 10, 2015

The New Jersey Supreme Court recently considered the circumstances under which a law enforcement officer may legally obtain a driver’s registration and insurance information without requesting permission or allowing the driver the opportunity to retrieve themselves in the case of State v. Keaton. The facts surrounding this decision involve the actions of a New Jersey State Trooper who responded to a one vehicle accident on I-295. When he arrived, he found a black sedan overturned in the medi more

Author: William McGuinn | Practice Area: Criminal Defense_ORIGINAL

What Kind of Car Insurance Should I Have?

September 03, 2015

You have seen the commercials advertising savings and low rates, but do you know the kind of coverage you really should have? The least expensive option may save you a few dollars every month, but that minimum coverage may not fully protect you—or your assets—if you’re at fault for causing an accident. When choosing your auto insurance, take a look beyond the monthly premium and you can better protect yourself for the long-run. more

Author: Kathryn Suchman | Practice Area: Automobile Liability