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New Jersey Law Blog

Home of the New Jersey Legal Update - a weekly podcast discussing court decisions issued that week and what those decisions mean for businesses in the state.

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Last Entry: March 31, 2011 at 10:04:08

Stark Stark Shareholder Discusses Rise of Bankruptcies for NJN News

Posted on December 18, 2008
pa href="http://www.stark-stark.com/attorney-lawyer-1010298.html"Timothy P. Duggan/a, Shareholder of Stark amp;nbsp;Stark's a href="http://www.stark-stark.com/attorney-lawyer-1011044.html"Bankruptcy amp;nbsp;Creditor's Rights/a group, was interviewed for an NJNnbsp;News story discussing Governor Corzine's economic stimulus bill and the recent rise of unemployment and personal bankruptcies in New Jersey...

Deficiency Actions After Foreclosure Judgements

Posted on December 18, 2008
pDeficiency actions to recover balances owed after a consumer foreclosure action are not favored in New Jersey Courts.nbsp; Although, such actions are permitted under New Jersey law, it is in very limited circumstances and may be difficult to obtain.nbsp; Under New Jersey law, a judgment for deficiency may not be brought in the same action to foreclosure the residential mortgage (a separate action must be brought); this preclusion also includes claims on any personal guarantees...

Bill Singer Comments on Bernard Madoff Fraud Charges

Posted on December 13, 2008
Securities shareholder Bill Singer's Broke and Broker blog was recently cited in an article by The Associated Press regarding the unfolding securities fraud scandal involving Bernard L. Madoff. Madoff is accused of securities fraud for allegedly running a phony investment business that lost at least $50 billion...

Seven Year Delay Does Not Bar Collection of Child Support Payments

Posted on December 12, 2008
A Trial Court refused to enforce the payment of child support because of the recipient's seven year delay in bringing the Motion for Collection. (Faro v. Vonder Hayden, decided 12/5/2008). The Appellate Court then reversed that finding and held that the delinquent child support could be collected despite the seven year delay...

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Our Mutual Joy: Debunking Religious Rhetoric Against Gay Marriage

Posted on December 11, 2008
The December 2008 issue of Newsweek published a scintillating article entitled Our Mutual Joy by Lisa Miller, which focuses on debunking religious rhetoric in the gay marriage debate. Gay marriage is an important issue in our society, and involves similar constitutional issues to those raised at the time of abolition...

The Eroding 'At-Will' Employment Doctrine

Posted on December 10, 2008
Thomas B. Lewis, Shareholder and member of Stark & Stark's Employment Litigation group, and Michael J. Brittan, member of Stark & Stark's Employment Litigation group, authored the article The Eroding ‘At-Will' Employment Doctrine for the December 8, 2008 edition of the New Jersey Law Journal...

Redevelopment Takings - Statutory Authority and Limitations

Posted on December 01, 2008
A redevelopment entity may not condemn private property for redevelopment, unless it has first complied with all of the statutory procedures set forth in the Local Redevelopment and Housing Law (“LRHL”) and the Eminent Domain Act of 1971. Under the LRHL, basic pre-condemnation prerequisites include the municipal governing body’s designation of the subject property as blighted and adoption of a redevelopment plan by ordinance for the designated area...

New Jersey Employers Brace Yourself: "Card Check" Is Coming

Posted on November 26, 2008
To add to their other current woes, it is anticipated that New Jersey employers will soon be faced with higher employee costs due to proposed federal legislation known as “Card Check.” This legislation will make union organization far simpler in the Garden State (and everywhere else)...

Stark & Stark Shareholder Comments on Upside to Market Volatility

Posted on November 25, 2008
Bill Singer, Shareholder of Stark & Stark’s Securities group, was interviewed in the November 24, 2008 Forbes.com article Those Heart Attack Markets: Fear is on the rise and the Forbes.com Investor Team says it won't dissipate for months. While most investors are focused on the devastating effects the recent market has had on almost every aspect of the investment industry, Mr...

Stark & Stark Shareholder Quoted in Star Ledger Article

Posted on November 25, 2008
Real Estate Tax Appeal Shareholder, Timothy P. Duggan, was quoted in the November 22, 2008 Star Ledger and Trenton Times article Reducing property taxes is possible, but not likely. The article discusses the recent rise in the number of homeowners filing for property tax appeals in New Jersey in the wake of the declining housing market and recent economic downturn...

Stark & Stark Shareholder Discusses Economic Outlook for 2009

Posted on November 24, 2008
Bill Singer, Shareholder of Stark & Stark’s Securities group, joins Matthew Lloyd, of Advisors Asset Management, and Greg Ghodsi of Raymond James, in the November 24, 2008 article, Your Move, Mr. Geithner, on Forbes.com. The panelists addressed the recent economic downturn and what impact this will have on the market in 2009...

Stark & Stark Attorney Featured on Legally Speaking

Posted on November 21, 2008
Michael J. Fekete, member of Stark & Stark's Business & Corporate group, was a featured guest on the Camden County Bar Foundation's weekly television talk show Legally Speaking on Sunday November 9, 2009. Mr. Fekete discussed the New Jersey Home Improvement Law, the Consumer Fraud Act and the Contractor's Registration Act...

Almighty Tax Lien Loses Battle to Environmental Escrow in Condemnation Action

Posted on November 20, 2008
Recently, the Appellate Division of the Superior Court of New Jersey was required to determine whether the holders of tax sale certificates for unpaid real estate taxes were entitled to be paid from the proceeds of a condemnation award when the estimated environmental clean-up costs exceed the fair market value of the property...

Going Green Should Not Increase You Tax Obligations

Posted on November 19, 2008
Tax Appeals attorney, Timothy P. Duggan, and Green Building attorney, Vincent J. Mangini, co-authored the below post: Imagine the situation where a conscientious property owner decides to install solar panels in an effort to reduce his or her energy costs and help the environment...

Redevelopment Takings - Constitutional Authority and Limitations

Posted on November 17, 2008
The redevelopment of blighted areas is specifically and separately described in Article VIII, Section 3, paragraph 1 of the New Jersey Constitution as “a public purpose and public use, for which private property may be taken or acquired.” Any such taking, however, must satisfy all constitutional mandates and limitations on government power...

Stark & Stark Shareholder Serves as Panelist on Forbes.com's Investor Team Plays President

Posted on November 09, 2008
Bill Singer, Shareholder of Stark & Stark's Securities group, was a featured panelist for the November 7, 2008 Forbes.com Investor Team Plays President panel discussion. Mr. Singer was joined by William Stone, Chief Investment Strategist for PNC Wealth Management, and John Osbon, Chief Investment Officer for Osbon Capital Management...

Stark & Stark Shareholder Comments on Bank of America Incentives

Posted on November 06, 2008
Thomas B. Lewis, Shareholder and Chair of Stark & Stark's Employment group, was quoted in the November 6, 2008 Bloomberg.com article Bank of America Says Merrill Brokers Can Quit Without Penalty. Mr. Lewis commented on the recent announcement made to the roughly 15,500 brokers Bank of America acquired after buying Merrill Lynch this past September which said that they have the ability to quit without penalty, however, if they stay, they will qualify for a bonus of as much as 100% of their annual revenue...

It Ain't Over, Even After It's Over: New Jersey Court Extends Retaliation Claims Under Law Against Discrimination (NJLAD) For Post-Termination Actions

Posted on November 06, 2008
Consider this scenario: Your company has struggled with a key employee, and it is determined that the employment should be terminated. Following the advice of counsel, the parties entered into a separation agreement, severance is paid, and the employee signs a release of all claims related to employment with your company...

The Next Shoe - Private Mortgage Insurance Policy Rescissions

Posted on November 05, 2008
It is hard to know when the proverbial “next shoe” will drop in the current economic crisis but recently credit lenders in my practice have experienced attempted policy rescissions for their mortgage insured accounts where suddenly and without any notice the private mortgage insurer (the “Company”) has attempted to rescind its insurance policy on specific accounts...

President of Corporation Personally Liable under NJCFA

Posted on November 04, 2008
The New Jersey Appellate Division recently found that a claim under the New Jersey Consumer Fraud Act can go forward against the President and Chief Executive officer of a landscaping company. In Lanza v. Secret Gardens Landscaping, Inc. (A-2613-07), the Plaintiff, Noreen Lanza, obtained a proposal from Secret Gardens for remodeling and landscaping work on her property...

Stark & Stark Shareholder Presents Seminar Regarding Board Elections to Community Associations Institute - New Jersey Chapter

Posted on October 23, 2008
David J. Byrne, Shareholder in Stark & Stark’s Community Association group, presented materials related to Community Associations and having successful Board elections at the New Jersey Chapter’s 2008 Conference and Expo seminar, held at the New Jersey Convention and Exposition Center, in Edison, New Jersey, on Saturday, October 18, 2008...

"Mobile Franchise" Act Moves One Step Closer to Passage

Posted on October 20, 2008
The “Mobile Franchise” Act has been scheduled for a legislative session on October 23, 2008 at 2:00 p.m. The session will take place in front of the Commerce and Economic Development Committee, Room 9 on the Third Floor of the State House Annex located in Trenton, New Jersey...

Standing To Obtain Land Use Approvals under a Redevelopment Plan

Posted on October 20, 2008
The Local Redevelopment and Housing Law (“LRHL”) requires an application for approvals under a redevelopment plan to be directed to the municipal planning board, but fails to state how one acquires standing to maintain such an application...

There is a Time and PLACE for Everything

Posted on October 16, 2008
If the Governing Documents of a Condominium Association provide that the powers and duties of such Association are to be exercised through a Board of Directors/Trustees, elected by the Association’s membership, then all meetings of that Board (except conferences or work sessions where no votes are taken), shall be open to the Association’s membership...

Going Green - Here to Stay or Gone Tomorrow?

Posted on October 10, 2008
Vincent J. Mangini, Shareholder of Stark & Stark's Real Estate, Zoning & Land Use group, will present a seminar entitled, Going Green - Here to Stay or Gone Tomorrow? Reflections on the State of Green Building Law, for the Mercer County Bar Association's X-Treme CLE Program...

Exclusion of Gain from Sale of Principal Residence

Posted on October 09, 2008
When selling a home, whether due to an employment move, trading up, or downsizing, a homeowner-taxpayer should be aware that special tax treatment applies under certain situations when the sale is of the taxpayer's principal residence. Under certain circumstances, a single taxpayer can exclude up to $250,000...

Collection of Condominium Common Charges in New York Revisited

Posted on October 08, 2008
Condominium boards and managers are often frustrated by unpaid common charges. Once a unit owner falls more than sixty days behind in his or her common charge payments, it is recommended that this problem be turned over to the condominium association's attorneys to resolve...

Voluntary Retirement and its Effects on a Child Support Obligation and Alimony

Posted on October 08, 2008
In New Jersey, a person seeking to modify a child support or alimony obligation must show that a significant change in circumstance has occurred since the time the award was entered. It is the party who is seeking the modification that has the burden of proving that they have incurred a change in circumstances sufficiently substantial to warrant a modification of support...

Adding Insult to Injury - Kara Homes Sues Contractors and Suppliers for the Return of Hard Earned Money

Posted on October 03, 2008
The rise in bankruptcy filings has heightened the angst of contractors and suppliers working with residential builders who are worried that more companies will follow the path of Kara Homes and Elliot Builders and seek bankruptcy protection. The Fed’s proposed $700 billion bailout may jump start the residential real estate market and help some smaller builders avoid bankruptcy, however, for those contractors and suppliers tied-up in the Kara Homes case, lookout for the recently filed preference lawsuits...

New York City Pet Laws Affect Boards And Dog Owners In Cooperatives And Condominiums

Posted on October 03, 2008
New York City cooperative and condominium owners consider their pets to be members of their families. At the other end of the spectrum are people who may have violent allergic reactions when they come into contact with dogs, or who just prefer not to share their common living space with someone else's four-legged friend...

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