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Kates Nussman Rapone Ellis & Farhi, LLP Blog

A Lawsuit Under the Family Medical Leave Acts Requires a 50 Employee Minimum

doc.pngA late April appeal decided whether or not a person can prolong fruitless efforts to show that an employer employed fifty people, in order to trigger claims under the Federal Family Leave Act or the New Jersey Family Leave Act. The court said no.

Mysterious People & Rude Comments Don't Equal Unemployment Benefits

defaul.pngAn early May Appeals Court decision said that being required to keep performance logs in response to substandard work, a comment alluding to race and the existence of "mysterious people" who ask how you are doing when exiting your office does not amount to a work environment that justifies resigning from a job and getting unemployment benefits.

Vacations & Unemployment Benefits Don't Mix

palmtree.PNGJ.S. appealed pro se (on his own behalf) two June 2015 final decisions by the Board of Review of the NJ Department of Labor and Workforce Development that dealt with 2 negative unemployment benefits decisions made against him. After the first decision denied benefits, he appealed and got a different (and better) decision. The Board of Review, the highest authority to which someone can appeal a benefits denied, short of going to Court, did a final review and said that the first decision should stand, because the second one improperly addressed the exact same questions. The case then went to an appellate court, which confirmed the Board of Review's decision.

Is Revenge In A Divorce Worth The Costs? Duh!

800px-Courtroom.jpgAn April 4th appeal involved the conclusion of an incredibly litigious and bitter divorce. Arguing pro se (representing oneself), the Defendant (Appellant) ex-husband challenged the lower court's calculation in its 2013 Final Judgment of Divorce that he ultimately owed his ex-wife $268,804. The court ruled because it has tremendous discretion in making calculations. There is no set-in-stone formula, but a rather more holistic approach is applied.

Make Sure Your Trustees Are Trustworthy

gavel123.PNGIn 1997, H.L. both created and acted as the trustee of his own irrevocable trust until 2008, when his daughter L.L. assumed the role. H.L. died on January 27, 2012. The trust required that it be used for his benefit during his life, and then special bequests of $25,000 each be given to his three grandchildren. It also instructed that the remainder of the trust be equally divided among his three daughters. His estate also included a Brooklyn co-op.

Contracts 101: What Are The Key Parts Of Any Good Contract?

contraccct.PNGA contract is often referred to as the only forum where people come together to essentially "make their own law." For the most part this is true, since you are able to make an agreement with any number of parties to achieve a certain result; whether it is a contract for the sale of goods, services, or a promise to do or refrain from doing something. But contract law is not as simple and easy as many might assume, as shown by the great number of contract-based lawsuits that clog up the courts. What then are some key parts of a good contract that might help you avoid future litigation?

It's Not Good To Text/Call Your Ex Hundreds Of Times A Day

800px-Cell_phone_use_while_driving.jpgA late February appeals court decision confirmed that an ex-girlfriend's several hundred daily texts/phone calls, among other things, is enough for a court to issue a Final Restraining Order on the grounds of harassment. Since defendant admitted to this behavior in her own testimony, the order was properly issued.

Six Years Of College Doesn't Always Mean Six More Years Of Child Support

Universityofotagoclocktower_small.jpgA February New Jersey Appeals Court decision involving a 23 year old student focused on whether child support must continue beyond four years of college, when a divorce agreement required the children's emancipation at 4 years. The Appeals Court didn't think so.

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