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

Supporting the Right to Obtain a Disability Carrier's Underwriting Manuals

Posted on January 30, 2008
Shore Orthopaedic v. The Equitable is an important case in a policyholder’s arsenal - supporting the right to obtain a disability carrier’s underwriting manuals to challenge a claim denial. The Appellate Court decided on January 24, 2008 that a $50,000 counsel fee award by the trial judge in favor of plaintiff was the proper sanction, after the disability carrier, Equitable, delayed producing its underwriting manual...

Halting Employee Theft

Posted on January 29, 2008
Kevin M. Hart, Shareholder and member of Stark & Stark's Litigation group, recently authored the article Halting Employee Theft for Biz 4 NJ. The article discusses various options an employer can take to prevent employee theft within an organization, during a time when more than $600 million annually is being stolen from companies...

Correcting Mistakes in Tax Assessments

Posted on January 28, 2008
The average property owner in the Garden State pays about $6,000 a year in property taxes, twice the national average. To make matters worse, New Jersey is facing a projected $3 billion budget deficit for 2008, which will only complicate the legislature’s effort to provide property owners with any meaningful type of property tax reform...

New Jersey Legal Update - Podcast # 72

Posted on January 25, 2008
This week's Franchise Law podcast is an interview with the President of MFV Expositions, Tony Portesy. The interview discusses the growing rate of franchises in and outside of the United States and what this means for the future of the franchise industry...

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New Jersey Legal Update - Podcast # 71

Posted on January 24, 2008
This week's Franchise Law podcast is an interview with Chief Franchising Officer of Hollywood Tans, Steve Beagelman. The interview took place at the 2008 Franchise Expo South, held earlier this month in Miami Beach, Florida. This week's Franchis Law Podcast is presented by Shareholder of Stark & Stark's Franchise Law Group, Adam J...

Enforcing Liens on Real Estate Projects

Posted on January 18, 2008
Jeffrey S. Posta, Shareholder and member of Stark & Stark's Bankruptcy & Creditor's Rights Group authored the article, Enforcing Liens on Real Estate Projects: Creditors must be diligent to protect their rights, for the January 14, 2008 edition of the New Jersey Law Journal...

Stark & Stark Attorneys to Present at Atlantic Builders Convention

Posted on January 17, 2008
Gary S. Forshner, and Vincent J. Mangini, Shareholders in Stark & Stark's Real Estate, Zoning and Land Use group, will speak at the 59th annual Atlantic Builders Convention. This year's convention will take place April 16-18, 2008 in Atlantic City, New Jersey...

Damages For An Alleged Violation of A Non-Solicit Agreement

Posted on January 16, 2008
The New Jersey Supreme Court in the case of Totaro, Duffy, Cannova & Company, LLC vs. Lane, Middleton & Company, LLC gave some insight for a Court to award damages for violations of a non-solicit agreement. The facts of the case are as follows: In 1997, Merritt Lane and David Middleton formed an accounting firm known as Lane, Middleton & Company, LLC...

Upon Abandonment, Condemnor Must Pay Legal Fees and Expenses

Posted on January 14, 2008
N.J.S.A. 20:3-26(b), part of the Eminent Domain Act of 1971, provides: If the court renders final judgment that the condemnor cannot acquire the real property by condemnation or, if the condemnation action is abandoned by the condemnor, then the court shall award the owner of any right, or title to, or interest in such real property, such sum as will reimbursed such owner for his reasonable costs, disbursements and expenses actually incurred, including reasonable attorney, appraisal and engineering fees...

Collecting Prejudgement Interest on Debts

Posted on January 11, 2008
I am often asked by clients whether prejudgment interest can be obtained from debtors on unpaid claims. Prejudgment interest is usually awarded by the courts in New Jersey only when a written contract exists between the creditor and the debtor which includes a provision for the assessment of interest if payment is not received by the creditor in a timely manner...

Lasting Family Practice: Lawrence Law Firm Celebrates 75 Years

Posted on January 10, 2008
Stark & Stark was featured in the Wednesday January 9, 2008 edition of The Trenton Times in the article Lasting Family Practice: Lawrence Law Firm Celebrates 75 Years. The article highlights Stark & Stark and its members as it begins to celebrate its 75th anniversary this year...

New Bill Will Add Additional Burden To Employers

Posted on January 09, 2008
A Bill has now passed in the Senate, 38 – 0 (S-2488/A-3451) on December 19, 2007 that will make it unlawful for an employer to discriminate against employees because of “religious practices.” The importance of this bill is that it goes beyond protecting an employee from being discriminated against because of their religion, and specifically protects them from discrimination based on “religious practice...

New Jersey Legal Update - Podcast # 70

Posted on January 04, 2008
This week's New Jersey Legal Update podcast will discuss the necessary insurance coverage needed for franchisors in order to protect your franchise system against claims. This podcast will address good practices to follow when determining your level of insurance, as well as a discussion on industry standards and the various types of coverage available to you and your business...

Landlord's Beware: Commercial Tenant Failure to Obtain Municipal Permits Not Grounds For Eviction

Posted on January 03, 2008
The New Jersey Appellate Division in an unpublished decision, Cesar S. Arredondo v. Nersy Pujols, Docket No. A-5459-05T25459-05T2, ruled that breaches of both of a lease provision and a New Jersey statute for failing to obtain municipal permits before commencing construction work were NOT grounds for evicting a commercial tenant...

Congress Adds FMLA Rights

Posted on January 02, 2008
In somewhat of a surprise move, on December 14, 2007, Congress amended the Family Medical Leave Act (FMLA) to add two additional reasons for applying for FMLA leave. One provision adds that FMLA can be taken for a “qualifying exigency” arising from active duty in the armed services...

Employees Giving Notice of FMLA Requests

Posted on December 26, 2007
On appeal, the Third Circuit reversed this holding with the Court stating that the Plaintiff’s “verbal” notice was sufficient to entitle him to a claim under benefits through the Family Medical Leave Act (FMLA), even if he had not followed the Company’s policies...

YMCA Hires Architect for Project

Posted on December 20, 2007
Gary S. Forshner, Shareholder and member of Stark & Stark's Real Estate, Zoning and Land Use group was quoted in the Thursday December 13, 2007 issue of the South Brunswick Post, in the article YMCA hires architect for project. Mr. Forshner comments on the proposed expansion of the South Brunswick Family YMCA and what the added support for the additions could mean for the South Brunswick community...

Follow-up on Step-Mother Kidnaping Case

Posted on December 19, 2007
On September 21,2007 Robert J. Durst wrote questioning the logic of step mother's conviction for kidnaping her step children. A Ms.Froland left the country with her step children and her husband, their father. The kidnaping charge against her husband, the father, had been dismissed on the theory that he had the right to relocate/travel with his children...

At Will Employment Alive and Well in the Franchise Context

Posted on December 18, 2007
In a recent unpublished decision by the New Jersey Appellate Division, known as Ashwall and Winograd v. Prestige Management Services, Inc., et als. (Decided October 16, 2007), the Court dealt with a claim by employees of a New Jersey automobile dealership franchise who claimed religious discrimination and “promissory estoppel” against their former employer...

What to Do When You Receive A Bankruptcy Preference Demand Letter

Posted on December 14, 2007
Many businesses are receiving “preference” demand letters directing the return of money received from bankrupt debtors. Among the more notable bankruptcy cases in New Jersey from where such preference demands may arise include: Best Manufacturing Group, New Jersey Affordable Homes, Rockaway Bedding, Marcal Paper Mills, Kara Homes, Elliot Building Group and Ash Holdings...

Pending Litigation Impacting NY Condominiums and Cooperatives

Posted on December 13, 2007
There are basic laws that governs condominiums (“condos”) and cooperatives (“co-ops”) in New York. Condos are governed by the New York Condominium Act, Article 9-B, Real Property Law (the “Condominium Act”). Co-ops are governed by the Business Corporation Law...

Appeals Court Affirms Request for Arbitration After Parties Had Litigated for Over One Year

Posted on December 12, 2007
The New Jersey Appellate Division decided Delam Construction v. 15 Thornton Road on December 10, 2007. The parties had entered into a contract for Delam to construct a building. Defendant, Thornton, owed Delam a balance of $187,368 for Delam’s work on the project...

New Jersey Law Blog Featured in Star Ledger

Posted on December 11, 2007
The New Jersey Law Blog was featured in the December 9, 2007 issue of the Star Ledger in the article Jersey Podcasting. The article discusses the importance and benefits of podcasting for businesses. The article lists several New Jersey based websites offering informative and educational podcasts, including the New Jersey Law Blog...

How the Condo Board Stole Christmas: Restricting the Display of Holiday Decorations

Posted on December 10, 2007
Every Who down in Who-ville liked Christmas a lot... but the Grinch, who lived just north of Who-ville, did NOT! The Grinch hated Christmas! The whole Christmas season! Oh, please don’t ask why, no one quite knows the reason. It could be, perhaps, that his shoes were too tight...

At-Will Employment: New Changes and Challenges for Employers

Posted on December 07, 2007
Thomas B. Lewis, Chair and Shareholder of Stark & Stark's Employment Litigation Group, and Michael J. Brittan, member of Stark & Stark's Employment Litigation Group authored the chapter At-Will Employment: New Changes and Challengers for Employers for the Winter Edition of Human Resources 2008...

Divorce Law Podcast - # 10

Posted on December 06, 2007
The Divorce Law Podcast is a 10 episode series presented by Robert Durst, Shareholder and Chairperson of Stark & Stark's Divorce Law Group. The series is constructed so that listeners may use it as an "owners manual" for their divorce...

Your Divorce -- You Do Have Alternatives

Posted on December 05, 2007
A common, but sad comment which we often hear from clients who are facing a divorce is theirfeeling that they have no choices. No choice because their spouse wants a divorce or no choice because their spouse’s behavior compels them to file for a divorce...

Societal Norms: Are there any left after CALBI?

Posted on December 03, 2007
In Mani v. Mani (183 NJ 70, 2005) Justice Virginia Long, writing the majority opinion for the New Jersey Supreme Court, held that marital fault was not a relevant factor in determining alimony with the exception of two narrow circumstances: 1...

Rambo at the Reigns: When Boards Abuse Their Power

Posted on November 30, 2007
David J. Byrne, Shareholder and member of Stark & Stark's Community Associations Group was quoted in the article, Rambo at the Reigns: When Board Members Abuse Their Power, in the October 2007 issue of the New Jersey Cooperator. The article discusses the ways in which power can be abused in a homeowners association, and the warning sings one can use to determine if the power given to a board member is being abused...

Divorce Law Podcast - # 9

Posted on November 29, 2007
The Divorce Law Podcast is a 10 episode series presented by Robert Durst, Shareholder and Chairperson of Stark & Stark's Divorce Law Group. The series is constructed so that listeners may use it as an "owners manual" for their divorce...

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