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New Jersey Law Blog

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

Who Gets the Pet?

Posted on March 17, 2009
In a case of first impression, a New Jersey appeals court has ordered that the legal doctrine of "specific performance" applies to ownership of an estranged couple's pet dog and that payment of money damages cannot compensate for the "special subjective benefits" of pet ownership...

Stark & Stark Shareholder Quoted in Smith Barney InvestmentNews.com Article

Posted on March 16, 2009
Thomas B. Lewis, Shareholder and Chair of Stark & Stark's Employment group, was quoted in the Monday March 2, 2009 InvestmentNews.com article Judge clears two ex-Smith Barney brokers. Last Thursday two ex-Smith Barney brokers, William Meyer and Marcy LePrell, were cleared of allegations that they took private client information to their new firm...

New Jersey Division of Taxation Add New Regulations to Sales Tax

Posted on March 13, 2009
Effective December 1, 2008, landscaping services, certain flooring installation services and alarm or security system installations are subject to sales tax. Sales taxes must be collected and remitted by the prime contractor or subcontractor supplying the services...

Stark & Stark Shareholders to Present Strategies For Commercial Litigation Seminar

Posted on March 12, 2009
Shareholders from Stark & Stark's Litigation group will hold a free seminar entitled Strategies For Commercial Litigation Wednesday March 25, 2009 at 9:00 AM in the firm's Lawrenceville office. The seminar will discuss how to develop a strategic plan for your business that minimizes the impact of commercial litigation...

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If You Snooze It Is Harder to Lose: Property Boundary Disputes and the Evolution of the Doctrine of Adverse Possession in New York

Posted on March 12, 2009
The doctrine of adverse possession has a long history in New York as a means of resolving property boundary disputes between neighbors, and can be succinctly summarized as follows: If I build a structure on your property and you do not do anything about it for ten years, the property where the structure is located becomes my property...

Medical Reimbursement

Posted on March 11, 2009
There is a strong preference in New Jersey for parents to share joint legal custody of their children. Joint legal custody is where the parties agree to consult with each other on major decisions affecting the welfare of the children. One of the parents is then designated as the Parent of Primary Residence and the other is the Parent of Alternate residence...

Stark & Stark Shareholder Highlighted in Registered Rep. Article

Posted on March 11, 2009
Bill Singer, Shareholder and member of Stark & Stark's Securities group, was featured in the March 6, 2009 article entitled Gadfly to FINRA: 'Better,' 'Fairer' Regulation Please on RegisteredRep.com. On Thursday March 5, 2009, FINRA issued a press release entitled FINRA Announces Creation of "Office of the Whistleblower": Dedicated Team to Handle High-Risk Tips...

Stark & Stark Attorney Serves as Co-Panelist on Camden County Bar Foundation's Legally Speaking

Posted on March 10, 2009
Michael J. Fekete, member of Stark & Stark's Business & Corporate group, served as Co-Panelist on the Camden County Bar Foundation's weekly television show, Legally Speaking. The show featured a discussion on alternative dispute resolution. More specifically, Mr...

Redevelopment Procedures - Unsworn Testimony

Posted on March 09, 2009
In order for the evidence adduced during municipal board hearings to be relied upon in making factual findings it must in every instance be given under oath. Indeed, even in settings where the rules of evidence are relaxed the Appellate Division of the New Jersey Superior Court has recognized 'the importance of administering the oath before a witness may testify...

Stark & Stark Attorneys to Present Free Divorce Seminar

Posted on March 05, 2009

Stark & Stark Mass Tort Attorneys Review Fosamax Claims

Posted on March 04, 2009

Conflicting Positions In Cohabitation Cases Result In A Plenary Hearing

Posted on March 04, 2009

Live Interview From The International Franchise Association's 2009 Annual Convention

Posted on March 03, 2009

Beneficiaries of Retirement Assets

Posted on March 02, 2009

A Panoramic Discussion of the Squeeze-Out Techniques Often Used By Majority Shareholders

Posted on February 27, 2009

Stark & Stark Shareholder to Present at 2009 NJICLE Land Use Update

Posted on February 25, 2009
Gary S. Forshner, Shareholder and member of Stark & Stark's Real Estate, Zoning & Land Use group, will be a featured presenter at the New Jersey Institute for Continuing Legal Education's 2009 Land Use Update. The seminars will be held Wednesday March 4, 2009 from 12:00 PM - 4:00 PM at the DoubleTree Guest Suites Hotel, Mt...

Who Has The Burden Of Proof In Cases For Modification Of Alimony Due To Cohabitation

Posted on February 25, 2009
There are two inquiries which must be made in order to determine whether cohabitation is a changed circumstance which will allow modification of alimony. The first is whether the supported spouse and the cohabitant have a relatively permanent household which may be characterized as a family unit...

Redevelopment - Waiver of Right to Appeal

Posted on February 24, 2009
A person whose property has been condemned and who is involved in litigation with the condemning authority over the validity of the taking will lose the right to continue the appeal if they withdraw all or any portion of the funds on deposit with the court pursuant to the Eminent Domain Act of 1971, N...

Condominium Association can Prosecute Claim Against Contractor for Damage to Unit Owner Property

Posted on February 23, 2009
The New Jersey Superior Court recently found that a condominium association that hired a contractor to install a window wall system on the 15th floor of the high-rise building can bring a suit for improper installation of the windows, and water intrusion, even though windows are unit owner property pursuant to the Master Deed...

Moving to New Jersey from another state/country, and have an existing Court Order?

Posted on February 20, 2009
An out of state Order must be registered in the state of New Jersey to be enforceable. Once registered, the Order is enforceable in the same manner and is subject to the same procedures as an ordered issued by a Court in the state of New Jersey...

New Jersey's Towing Companies Lobby For Amendments To The Predatory Towing Prevention Act

Posted on February 18, 2009
In October, 2007, Governor Corzine signed into law the "Predatory Towing Prevention Act" (the "Act"). The Act became effective on October 19, 2008, and can be found at N.J.S.A. 56:13-7 et al. While the Act became "effective" on October 19, 2008, the registration provisions of it have not yet become operative...

Modification of Child Support and Alimony Obligations

Posted on February 16, 2009
Litigants seeking a reduction in these obligations must be aware that an application for a reduction in alimony and child support must prove that a significant chance in circumstances has occurred warranting a modification of support. While one may initially think that the loss of one’s job certainly must constitute a significant change in circumstances, the Court has long held that temporary changes in income do not serve as a basis to modify child support...

Stark & Stark Shareholders Present Seminar to Aid Co-ops and Condominiums in Managing Costs & Risks in Challenging & Uncertain Economic Times - Part 1

Posted on February 12, 2009
David J. Byrne and Stephen M. Lasser, Shareholders in Stark & Stark's Co-Op & Condominium Group, presented materials related to the challenging & uncertain economic times, and how co-ops and condominiums can better manage their costs & risks...

Stark & Stark Shareholders Present Seminar to Aid Co-ops and Condominiums in Managing Costs & Risks in Challenging & Uncertain Economic Times - Part 2

Stark & Stark's Community Association Group Secures Settlement on Behalf of Condominium With Troubled Fire Suppression System

Posted on February 12, 2009
Stark & Stark recently secured a large settlement on behalf of a 372 unit Edison, New Jersey condominium, which was burdened with defective fire suppression system components that were also improperly installed. The condominium was represented by Stark & Stark Shareholders David J...

Limited Duration Alimony

Posted on February 06, 2009
On January 27, 2009, the New Jersey Appellate Division issued an Opinion in the case of Valente v. Valente which shed light on whether alimony should be permanent or of limited duration in an "intermediate length marriage" of 11+ years. The Court concluded that given the duration of the marriage, the ages of the parties (42) and other factors prescribed by the statute, an award of permanent alimony was not warranted...

Stark & Stark Shareholder Quoted in Wall Street Journal Article

Posted on February 05, 2009
Brian A. Carlis, Shareholder and member of Stark & Stark's Securities group, was quoted in the Sunday February 1, 2009 Wall Street Journal article, Stay Mum When Switching Firms. The article discusses what brokers should, and more importantly, should not do when contemplating switching firms...

Stark & Stark Shareholder Comments on Bank of America CEO

Posted on February 05, 2009
Thomas B. Lewis, Shareholder and Chair of Stark & Stark's Employment group, was quoted in the January 13, 2009 Daily Report article, CEO may be rethinking BofA's 'crown jewel'. Mr. Lewis comments on Bank of America Chief Executive Officer Ken Lewis' reputation for not appreciating the nuances of the client-broker relationship, and the other pitfalls Lewis has made over the past several weeks...

Quick Practical Tips To Avoid Being "Sacked" By An Above-Guideline Child Support Calculation Litigation

Posted on February 04, 2009
Strahan v Strahan After the Appellate Division released their decision in Strahan v Strahan, there has been much debate and discussion concerning whether or not that the days of liberal child support awards that exceed the established NJ Child Support Guideline amount have been “sacked” by Justice Parker’s opinion...

Income Averaging in Your Divorce

Posted on February 03, 2009
When making a determination regarding child support or alimony (i.e. spousal support), each party is required to submit information reflecting their incomes, including current pay stubs, W-2s, and tax returns. What is important to know is that where a person’s income fluctuates substantially from year to year, such as in situations where a party owns his or her own business or receives varying bonuses or commissions, there is case law in the State of New Jersey supporting the implementation of income averaging...

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