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New Jersey Law Blog

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Last Entry: March 31, 2011 at 10:15:40

Statute of Repose Once Again Clarified by the New Jersey Appellate Division

Posted on April 24, 2009
The New Jersey Appellate Division recently decided the matter of McGinty v. K. Hovnanian at Somerset, A-6100-07 (March 17, 2009), in which the Plaintiffs argued that a leak in their condominium unit in 1985 gave rise to a lawsuit filed in 2004. The Plaintiffs, parents and children, lived in the home from 1985 until 1990...

Title Dispute? Consider A Quiet Title Action

Posted on April 22, 2009
To resolve certain disputes which can arise over title to real estate, the New Jersey legislature has provided a process by which a party in possession of the real estate can protect or clear up the title to his property. If another person or entity raises a claim, or disputes the title to the property in some way, then the party in possession of the property may wish to commence a lawsuit to "quiet title" and thus resolve any outstanding issues relating to the title...

Governor Corzine Signs Reidential Development Solar Energy Systems Act Into Law

Posted on April 17, 2009
On March 31, 2009, Governor Jon Corzine signed into law new legislation known as the Residential Development Solar Energy Systems Act. (P.L. 2009, c.33) codified at N.J.S.A. 52:27D-141.1, et seq.. The Act requires developers of residential developments containing 25 or more single-family dwelling units to disclose in advertising and offer to install solar energy systems...

Governor Corzine Signs Residential Development Solar Energy Systems Act Into Law

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Stark & Stark Shareholder Presents Using Mediation, Arbitration & ADR Seminar at 2009 Cooperator Expo

Posted on April 16, 2009
Stephen M. Lasser, Partner in Stark & Stark's Condominium and Co-op Group, presented a seminar at the New York Cooperator Expo on April 7, 2009 in conjunction with David J. Byrne, entitled Using Mediation, Arbitration & ADR to Avoid or Minimize Conflict...

Stark & Stark Shareholder Presents Mediation, Arbitration and Alternative Dispute Resolution Seminar at the New York Cooperator's Expo

Posted on April 16, 2009
David J. Byrne, Partner and Co-Chairperson of Stark & Stark's Condominium and Co-Op Practice Group, presented materials related to mediation, arbitration and alternative dispute resolution, in conjunction with Stephen M. Lasser, during a seminar entitled Neighbors at War - Real-Life Arbitration...

President Obama's Home Buyer Tax Credit and Your Divorce

Posted on April 15, 2009
In February, President Barack Obama signed an economic stimulus bill which includes a hefty $8,000 first time home buyer tax credit. This tax credit is refundable, meaning that tax filers will see a refund of the full $8,000, even if their total tax bill was less than this amount...

Tale of New Jersey Governors and Rock Stars: Reasons Why New Jersey Should Be a "No Fault" Divorce State

Posted on April 15, 2009
For more than two decades New Jersey legal scholars, Courts and Legislature have tried valiantly to make a NJ a "no fault" divorce state. Why? To protect litigants from the unnecessary humiliation of disclosing highly personal information, and to recognize that there are at least two sides to every story and/or very often underlying reasons for a person's conduct...

Gay Marriage Veto Overturned in Vermont

Posted on April 10, 2009
This week in Vermont, the legislature overturned the Governor's veto of the gay marriage bill. The effect of this decision is that Vermont will be the fourth state in the United States to legalize gay marriage, providing gay couples the same rights and privileges of heterosexual couples...

A Safe Harbor for Employment Claims

Posted on April 09, 2009
Thomas B. Lewis, Chair of Stark & Stark's Employment Group, and Michael J. Brittan, member of Stark & Stark's Employment group, authored an article for the Monday March 30, 2009 edition of the New Jersey Law Journal entitled A Safe Harbor for Employment Claims: Ensure minimal liability from discrimination claims...

Stark & Stark Shareholder Comments on Breach of Protocol for Broker Recruiting

Posted on April 06, 2009
Thomas B. Lewis, Shareholder and member of Stark & Stark's Employment group, was quoted in the April 1, 2009 OnWallStreet.com article The Last Weapon. The article discusses the increased rise in advisors being accused of taking classified client information as a breach of the Protocol for Broker Recruiting when leaving a current firm...

Court Permits Suit to Continue Against Subcontractor

Posted on April 06, 2009
The New Jersey Superior Court recently found that under New Jersey law, when used properly, the fictitious party practice allows a plaintiff to join a specific subcontractor more than 10 years from the date of it's work. In Society Hill at University Heights III Condominium Association, Inc...

Stark & Stark Shareholder Comments on Kara Homes Bankruptcy Update

Posted on April 03, 2009
Timothy P. Duggan, Shareholder in Stark & Stark's Bankruptcy & Creditor's Rights group, was quoted in the March 29, 2009 Asbury Park Press article, Already owed thousands, Kara Homes contractors now told to pay back what they already got...

Help Available for Delinquent Loans

Posted on April 03, 2009
Loss of a job, unexpected medical bills, divorce, or other difficult circumstances can cause a homeowner to fall behind in his/her mortgage payments. Many lending institutions are offering assistance and payment alternatives to delinquent homeowners...

Gary Marriage Constitutional in Iowa

Posted on April 03, 2009
Today, in Iowa, the State Supreme Court unanimously held that prohibiting gay marriage violates the Iowa Constitution. The effect of this decision is that there will be yet another state where gay couples will be entitle to the same rights and privileges of heterosexual couples...

Representing HOAs and Condominiums in Transition During A Challenging and Difficult Time

Posted on April 02, 2009
David J. Byrne, Shareholder in Stark & Stark's Community Association group, authored an article for the March 23, 2009 edition of the New Jersey Law Journal entitled Representing HOAs and Condominiums in Transition During A Challenging and Difficult Time...

Live Interview From The 2009 International Franchise Expo

Posted on April 01, 2009
This installment of the New Jersey Legal Update podcast is an interview with Adam J. Siegelheim, member of Stark & Stark's Franchise group, and Bruce Bloom, President of Bloom & Associates, Inc. The interview took place at the 2009 International Franchise Expo in Washington, DC...

Are Obama's Financial Regulators Weak Links?

Posted on April 01, 2009
Bill Singer, Shareholder in Stark & Stark's Securities group, was quoted in the March 27, 2009 Newsweek article, Are Obama's Financial Regulators Weak Links? Mr. Singer comments on the qualifications of Mary Schapiro as she serves as chairman of the Securities and Exchange Commission...

How Divorces Impact Mortgages

Posted on April 01, 2009
Legal Briefs On Divorce is a video podcast series providing viewers with a discussion on timely news and legislative updates impacting divorce. This installment of Legal Briefs On Divorce is an interview with John S. Eory, Shareholder in Stark & Stark's Divorce Group, and Len Rossine, Divorce Lending Specialist with Countrywide Home Loans...

Redeveloper Agreements - Designating the Redeveloper

Posted on March 31, 2009
Under the Local Redevelopment and Housing Law (LRHL), a redevelopment entity is allowed to enter into a contract with a private redeveloper. The redevelopment entity is allowed broad discretion in selecting a private redeveloper and currently no specific statutory guidelines for the designation of a redeveloper exist...

Stark & Stark Shareholder Serves as Keynote Speaker at Barron's Top Independent Advisors Summit

Posted on March 30, 2009
Thomas D. Giachetti, Shareholder and Chair of Stark & Stark's Securities group will serve as the Keynote Speaker at the Barron's Winner's Circle Top Independent Advisors Summit Wednesday May 6 - Friday May 8, 2009 in Scottsdale, Arizona. The conference offers attendees the opportunity to meet and network with the leaders and opinion-shapers of the independent advisory profession...

Squeeze-Out Technique: Excessive Compensation

Posted on March 27, 2009
Another form of minority oppression involves the majority shareholders awarding excessive compensation to themselves and/or members of their family. This often occurs to the detriment to the minority shareholder and the corporation itself. Examples of excessive compensation have been found in the form of bonuses, salaries, pensions, profit sharing plans, and overly generous expense accounts and perks...

What You Need To Know About The New Jersey Paid Family Leave Law

Posted on March 26, 2009
As most New Jersey employers and employees alike are aware, since January 1, 2009, payroll deductions have been taken to fund New Jersey's Paid Family Leave benefit. Paid leave benefits themselves, however, only become available as of July 1, 2009...

NuvaRing� Claims Become the Subject of Multi-District Litigation and Mass Tort Treatment

Posted on March 25, 2009
NuvaRing® is purported to be a once-a-month, combined contraceptive vaginal ring that provides month-long birth control by emitting a continuous dose of estrogen and progestin for 21 days. NuvaRing® is manufactured by Organon and Akzo Nobel (now divisions of Schering Plough)...

Cohabitation As Changed Circumstances For Modification Of Alimony

Posted on March 25, 2009
Cohabitation by the supported spouse is often raised as a reason to terminate alimony by the paying spouse. Several decisions have been written by the Appellate Division in the past few months concerning cohabitation and how it effects alimony. In the case of Olito v...

Stark & Stark Shareholder Presents Seminar to Community Associations Institute - Pennsylvania & Delaware Valley Chapters

Posted on March 24, 2009
David J. Byrne, Shareholder in Stark & Stark's Community Association group, presented materials related to Community Associations, and their rights and obligations in relation to the various fair housing statutes, ordinances and/or regulations that are applicable to them...

Pre-Nuptial Agreements

Posted on March 23, 2009
Pre-nuptial Agreements are becoming increasingly common and are most often used when there are significant pre-marital assets, which has become a growing trend over the past several years as people are marrying later into their twenties and thirties or in cases of re-marriage...

Squeeze-Out Technique: Termination of the Minority Shareholder's Employment

Posted on March 20, 2009
The termination of a minority shareholder's employment; the reduction of their salary; and/or the termination of their spouses' and/or children's employment frequently have devastating consequences. It is common that the terminated minority shareholder's only source of income was the closely-held business in which they hold an ownership interest...

Limited Duration Alimony Versus Permanent Alimony

Posted on March 19, 2009
In divorce cases where alimony is an issue, it is not merely an issue of amount. The length of time must also be decided. Prior to 1999, there were only two types of alimony pursuant to legislation B permanent and rehabilitative. The law was amended in September, 1999, to add limited duration alimony and reimbursement alimony...

Stark & Stark Shareholder to Present at Investment News Workshop Series

Posted on March 18, 2009
Brian A. Carlis, Shareholder and member of Stark & Stark's Securities Compliance & Arbitration group, will be a featured presenter at the Investment News 2009 Going Independent Workshop. The workshops will take place Monday, April 27, 2009 at the Hyatt Pier 66 Resort, Ft...

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