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Price, Meese, Shulman & D’Arminio, P.C. Blog

YOU’RE FIRED! EVEN A COMPANY OWNER CAN BE TERMINATED!

By Rick Shulman, Member of the Firm

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31 Hits

REASONS TO TRAIN YOUR STAFF AND MANAGEMENT ON AVOIDING SEXUAL HARASSMENT CLAIMS

A recent unpublished decision out of the Superior Court of New Jersey, Appellate Division suggests some new dangers to employers, large and small, which failed to avail themselves of what is known as the Faragher defense to sexual harassment and hostile work environment claims.  Even those that offer annual training to staff and management may find themselves defenseless through inaction or inattentiveness.

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142 Hits

A Case for Kanye West’s “Gold Digger”: Why You May Want a Prenup

We all know the famous song by the infamous rapper. Zealously advocating for high-earning men to enter into prenuptial agreements, the song cautions that “it’s something that you need to have” or she’ll “leave with half.” Sexism aside, the clever beat and rhyming lyrics ring true to an extent. Prenuptial agreements, commonly referred to as “prenups,” protect assets that were acquired prior to the marriage and secure a specific financial outcome in case it “all falls down.” While prenups are not for everyone, specific situations may warrant such safeguards.

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227 Hits

VENUE IN BANKRUPTCY: To Change or Not to Change

Introduction

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561 Hits

Non-Resident Employees May Sue Under the New Jersey Law Against Discrimination

          New Jersey’s Law Against Discrimination[1], commonly known as the “LAD,” prohibits discrimination against New Jersey inhabitants because of race, creed, color, national origin, ancestry, age, sex, gender identity or expression, sexual orientation, marital status, familial status, disability, military status or nationality in connection with matters of employment, public accommodation, public housing or the sale or leasing of real estate.  More specifically, it is often the principal basis for the assertion of claims based upon age or sexual discrimination brought against New Jersey employers by their in-state employees.

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625 Hits

What is "Blockchain?"

We have all heard so much about “Blockchain” over the past months perhaps it is time to define our terms.

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830 Hits

The Movers Broke My Stuff! Verify and Confirm Your Claim Deadline

            State law and state regulations govern intrastate transportation of goods (even household goods) and directly impacts your rights in the event issues arise as a result of moving them from place to place

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670 Hits

Employee's Waiver of Compensation Claim Against Employer's Customer Held Unenforceable

           In any number of situations involving off-site premises employment, employers often require as a condition of employment that the employee agree to waive potential claims for personal injuries against the owner of the premises where the employee will be working.  Computer technicians, entertainers, security personnel and temporary help workers are among those categories of employees who are often singled out for this treatment, often as either a requirement of the employer’s customer or, perhaps, as the employer’s incentive to secure the work from its customer.  The New Jersey Supreme Court has just ruled that, whatever the reason, the courts in this state may not enforce such a waiver, thereby permitting the employee to proceed against the customer for personal injuries sustained on the customer’s premises as a result of the customer’s negligence or other breach of duty.

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701 Hits

Lemon Law for New and Used Cars

The following is a simple explanation of when the Lemon Laws apply, and a brief example of how our firm and this author resolved a dispute with a dealership.  The Lemon Laws are not intended to be complicated, but there are many steps that must be followed before filing a claim and it is not always easy for busy people to be sure they have correctly taken each step to protect themselves.  This article will explain how to determine if your car is a lemon under either New Jersey or New York law. 

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739 Hits

Civil forfeiture in New Jersey

New Jersey is among the worst states in the country when it comes to civil forfeiture laws.  Many people incorrectly assume that civil forfeiture applies to only an accused or a criminal defendant's property.  However, civil forfeiture can occur with any type of property which is simply allegedly tied to criminal activity.  The owner does not have to be actually charged with a crime in order to have their property taken them.  Also, in a civil forfeiture proceeding where the state is represented by the county prosecutors, there is a lower standard of proof which does not require them to prove guilt 'beyond a reasonable doubt.'  New Jersey has consistently ranked as one of the least transparent states when it comes to disclosing how much they have actually confiscated, and has consistently been given poor marks by independent agencies which monitor forfeiture activity.  For example, in 2015, the highly respected Institute for Justice gave New Jersey a D-, the lowest grade possible, when it analyzed the laws and the growth of civil forfeiture proceedings around the United States.  

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760 Hits

The Consequence of Violations of Family Court Orders

The headlines are everywhere: “Mom jailed for refusing to vaccinate child.” Outrage and confusion may have been a common sentiment for anyone reading such a headline without delving further into the story. Those who actually read past the headlines, however, quickly realized that the controversial issue of vaccination (or lack thereof) was not the root cause of the mother’s, Rebecca Bredow’s, incarceration.

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700 Hits

The “Un-Orthodox” Divorce: Who Decides the Children’s Religious Upbringing?

(Weisberger v. Weisberger, ___ AD3d ___, 2017 NY Slip Op 06212 [2017].)

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1044 Hits

Back to School Tips

TIPS FOR BATTLING BACK TO SCHOOL ANXIETY

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1521 Hits

Andrew Luck Fans, Beware! You Have No Automatic Right to Renew Indy Colts Season Tickets

Die-hard sports fans, more specifically season ticket holders, almost certainly assume that their game tickets will automatically be renewable from year to year.  As a recent federal court decision (Frager v. Indianapolis Colts, Inc., Dkt. No. 1:16-cv-632-WTL-DML (S.D. Ind. Nov. 9, 2016), aff’d, Dkt. No. 16-4183 (7th Cir. June 22, 2017)) makes clear, however, that is often not the case.

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823 Hits

Billions in Wire Fraud Preventable with 19th Century Technology!

The bad news is that the Federal Bureau of Investigation has reported that there were more than $2.3 Billion Dollars of losses from October 2013 to February 2016 from business e-mail compromise (“B.E.C.”) scams. The good news is that a simple phone call confirming the authenticity of the wire request prior to acting on it will foil the scam one hundred percent of the time.

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796 Hits

DIVIDING MARITAL PROPERTY: EX-HUSBAND IS “SCREWED” IN PURSUIT OF HIS SHARE OF EQUITABLE DISTRIBUTION

By: Natalie Diratsouian

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824 Hits

Ocean Carrier Claims in Bankruptcy

OCEAN CARRIER CLAIMS IN BANKRUPTCY

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1354 Hits

Canceling Contracts Through Email: N.J. Supreme Court Recognizes New Methods to Disapprove Residential Real Estate Contracts

In a ruling that acknowledges modern modes of communication, the New Jersey Supreme Court has found that a notice of disapproval of a standard form real estate contract may be transmitted by email, fax, personal service or overnight mail with proof of delivery. This is a change from the prior 34-year-old requirement that a notice of disapproval must be sent to the real estate agent or broker by certified mail, telegram or personal service. The Court in Michael Conley, Jr. vs. Mona Guerrero, 2017 N.J. Lexis 371 (2017), amended the settlement agreement made between the New Jersey Bar Association and New Jersey Association of Realtor Boards in the case that originally established the three-day attorney review clause for standard form real estate contracts to allow notice of disapproval by email, fax, personal service, or overnight mail. New Jersey State Bar Ass’n v. New Jersey Ass’n of Realtor Boards (Bar Ass’n), 93 N.J. 470, modified, 94 N.J. 449 (1983). The three-day period in which one must send the notice remains unchanged.

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1005 Hits

MY CHILD HAS A DISABILITY – NOW WHAT?

A Roadmap to the Special Education Referral and Evaluation ProcessBy Michelle Krone

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1606 Hits

What is Required for an Award of Punitive Damages

The United States District Court for the District of New Jersey has been called upon three times in recent weeks to clarify what is required for a plaintiff to be awarded punitive damages. In each instance, District Judges reinforced that negligence, or even gross negligence, is not sufficient. Instead, under New Jersey law, there must be clear and convincing evidence of actual malice, or wanton and willful disregard of others. This requires an intentional wrongdoing, an evil-minded act, or a deliberate act or failure to act that creates a high probability that another person will be harmed. In each case, the Court relied upon the New Jersey Punitive Damages Act which clearly sets out what is and what is not sufficient to justify awarding punitive damages. Under the Act, punitive damages should be awarded where the plaintiff can demonstrate all of the following:

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2496 Hits

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