Kates Nussman Ellis Farhi & Earle, LLP
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Kates Nussman Ellis Farhi & Earle, LLP

New Jersey Supreme Court Orders New Trial Because of Juror's Religious Bias

Courthouse.jpgMost people are familiar with the possibility of being called for jury duty. As part of our  civic duty, American citizens participate in jury duty and become part of the legal system. Jurors are given the opportunity to observe, participate in, and facilitate jury trials. 

Dying without Heirs - According to the State

Mother and Daughter.jpgThe value of having a will is that the person who makes the will gets to determine how his or her estate is divided up when he where she dies. Wills can name people specifically, whether family or not, or can name people generally (i.e., "I'd like my estate to be divided equally among all my children") so long as certain rules are followed at the time of creation. Many times there will not be a will when someone dies, in which case the State is left to determine how one's estate is distributed. In that case, the State has a very specific order for whom to distribute the estate; certain family members are able to take the estate - in whole or in part - as determined by their level of kinship. Otherwise, an estate will "escheat" to the State. This distribution can become more complicated when there are no spouses, children or live relatives.

Or Sometimes the Government Gets It Wrong - Student Loan Repayments

Student Loans.jpgMany people take our student loans from state or federal authorities to fund their schooling.  Loans give access to education to people who may not otherwise have it, and can help people achieve their dreams. Repayment of loans is generally deferred until after the student finishes his or her education.

Fraudulent Mailings Can Be Expensive - Way Beyond the Postage

vintage-3938883_1280.jpgBefore the age of email spam was the age of postal mail advertisements. Regulations for the former trace the legislative history of the latter, with most regulations restricting email spam based off of regulations for mail spam. In spite of the digital age, paper mailing advertising strategy is still used today, often on the elderly, who may be more susceptible to paper rather than digital documentation. 

Domestic Violence Cases and Due Process

Thumbnail image for Hand Up.jpgDomestic violence cases are unique because of their competing issues. The legal system weighs a number of values for every case: fairness, due process, expeditiousness, and potential impact on society are just a few. Domestic violence cases usually involve someone in imminent or current danger or a child's ability to see both of his/her parents, meaning that the courts often must focus on speed over the other values, to prevent further physical or emotional harm. But speed should not come at the cost of other concerns and the courts must find a way to balance all of them together. 

New Jersey's New Equal Pay Act - This is Big!

Equal Pay.jpgIt has been 6 months since New Jersey's Diane B. Allen Equal Pay Act (the "Act") took effect. On March 27, 2018, the New Jersey legislature passed the Act, amending the New Jersey Law Against Discrimination ("LAD"). The LAD has long been New Jersey's law for promotion of equal pay and against employment discrimination. 

Even Bullies Have Rights

Bully Rights.jpgBullying can be a difficult part of childhood. Kids who are different from their peers often bear the brunt of their differences, whether being taunted in the schoolyard or through social media. When this happens, many believe the right course is to notify school administration. Parents of both the bullied and bully can often take solace in knowing that the school is handling these matters. Sometimes, this is not true. School administration may investigate the bullying and make a wrong conclusion or infringe upon the rights of one of the children along the way. 

Equitable Adoption and the Right to Inherit - Who's My Daddy?

Father and Son.jpgCourts have long recognized the legitimacy of non-traditional and unique family situations. When a child is born out of wedlock, courts have extended the rights and privileges of a child-parent relationship in spite of the lack of a formal marriage. In In the Matter of the Estate of Castellano, the court decided whether a child born out of wedlock could be considered a child of the man his mother was married to at the time of his birth to exclude him from inheriting from his biological father. This somewhat unorthodox case offers a variation on a common issue. 

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