"Where an employee claims that the work aggravated her medical condition, she must prove that she gave the employer an opportunity to accommodate her so as to protect her employment."A February Appeals Court decision answered the question of whether a person can get...
Year: 2017
It’s Not Easy to Relocate a Child of Divorce Away From the Other Parent
A New Jersey Family Court judge's order resolved the question of whether or not a custodial parent can relocate to another state when the other parents objects. It said that a 20% increase in salary by the custodial parent is not enough to justify relocation.The...
A League of Their Own? Yes, Says an NJ Appeals Court
A February 7 Appeals Court decision gave a "walk" to an amateur baseball association's recruiting tactics, including operating at a loss to entice/take another association's teams/managers. A lawsuit was filed claiming that it was unlawful interference. The court said...
A Creditor Can’t Easily Get to a Deadbeat Debtor’s Real Estate
M.O. owns a home in a homeowner's association community (Community). The Community got a $6,907 judgment against him on February 21, 2013, "because he failed to pay association maintenance fees and other charges under its governing documents." In attempt to collect,...
A Notice To Evict A Tenant For Property Damage Must Be Perfect
"...the apartment was generally unsanitary as defendant had hoarded an immense amount of personal items, garbage, and debris."In a recent case, the plaintiff (party bringing a lawsuit) owned a housing complex known as H.V. where the defendant (the party defending the...
Don’t Walk Through A Closed Business’s Parking Lot After A Snowfall
"To hold defendants liable, plaintiff would seemingly impose a duty on defendants to post a weather sentry around the clock to immediately address inclement weather conditions, even when the bank is closed. The law imposes no such duty."A late January slip-and-fall...
How Businesses Can Protect Themselves From Sexual Harassment Claims
A recent New Jersey Appeals Court decision involved a case involving sexual harassment complaints in a large company. A company that has specific, formal, effective policies for reporting/addressing complaints of sexual or other harassment - and acts swiftly upon...
Sleeping on Your Rights Can Cause a Nightmare
An Appeals Court recently ruled that being silent while your spouse is using a property - solely in your name - to secure fraudulent deeds/conveyances/mortgages - will make your future legal rights evaporate.The FactsAn ex-wife, Mrs. Thurber, sued her ex-husband and...
Schools Can Always Protect Kids’ Confidentiality
A January 13 Appeals Court decision addressed the issue of deleting student initials from school attorney invoices when complying with a public record request. When the state institution has a legitimate interest in protecting individual confidentiality, those...
The Rules for Garnishing Wages in NJ
A December 29th New Jersey appeal confirmed the statutory requirement (N.J.S.A. 2A:17-51) that a defendant's employer must be served by a sheriff in order to initiate a wage garnishment process.In 2012, a creditor got a default judgment against one of the defendant's...