In less than a handful of years, equal rights have been achieved for same-sex couples, brought about mainly by two U.S. Supreme Court cases: Windsor and Obergefell.In United States v. Windsor (2013) the Court decided that certain parts of the Defense of Marriage Act...
Month: December 2015
There’s a Hit & Run Even Without a Hit
A recent New Jersey Appeals Court case said that contact between a defendant driver's vehicle and the victim is not a necessary element of the second-degree crime of leaving the scene of a fatal accident under New Jersey Law.The case, State v. Sene, involved an...
Medicinal Marijuana and New Jersey Schools
As more states adopt laws permitting the consumption of marijuana for medicinal purposes (or, as with Colorado, consumption for general purposes), a touchy question emerges-will the law apply to minors who suffer from debilitating illnesses? And further, will the...
Inherited Retirement Funds Are Not Protected in a Bankruptcy
Question: If you inherit an individual retirement account (IRA) but then declare bankruptcy, what happens to that IRA?Answer: In a 2014 U.S. Supreme Court case, Clark v. Rameker, a daughter inherited an IRA from her mother but then declared bankruptcy. Under federal...
Elder Abuse and the Domestic Violence Act
When most people think of domestic abuse, 2 things usually come to mind: abuse between spouses and abuse of children. Senior citizens, though, from those who are independent to those in assisted care, are especially vulnerable to being trapped in a cycle of abuse....