Many times, when a former employee files a lawsuit against an employer, a court will uphold an arbitration agreement between them. An arbitration agreement is a contract that employers may have their employees sign that requires that the employee agrees to forgo...
Year: 2018
Changing Family Dynamics
It's a fact of life that family members will squabble. Shifting family relationships can happen faster than the rate people update their legal transactions and wills, leading to even more tension in a family. People often try to limit this possibility by making...
Insurance Coverage, the “Next Business Day” Rule and Fairness
Lawyers often get the reputation of thinking about the "worst case" scenarios, no matter how unlikely they may be. It is a tricky game of "what if," where a potential situation is weighed against the likelihood that it will occur. Insurance companies similarly weigh...
Adoption – How Much Must An Agency Do Wrong For Mom to Get Her Baby Back?
Court cases that deal with adoption can be some of the most emotionally difficult to try and hear. Emotions run high. Rulings can change the entire trajectory of a child's family life. At stake are the child's wellbeing and who the child will call his family for the...
New Jersey Bill Proposes Presumption of Joint Custody
As divorce rates continue to climb in America, family courts across the country must often decide custody battles. Custody arrangements go from commonplace to creative. Having a child spend every other weekend at one parent's home, and the rest of the time with...
Grantors’ Intent Stays Even When Love Goes
Buying property together as a couple can be very tricky. Relationships can change quickly - sometimes faster than legal documents can be changed. This is precisely what happened in Burke v. Bernardini, a New Jersey Appellate Court case decided last month. Mr....
Gross Negligence: A Changing Definition For Landlords and Tenants
The Anti-Eviction Act is a New Jersey law that protects residential tenants' rights and specifically prohibits landlords from evicting residents without good cause. N.J.S.A. 2A:18-61.1 (2017). Good cause is considered to be anything that "has willfully or by reason of...
Liquidated Damages vs. Penalties in a Contract – Cause for Confusion
It is a long standing principle that contract terms will be upheld unless there is a specific reason they should not be, for example if they were made under duress or their terms are unconscionable. Penalty clauses are not in the "safe' clauses category. They are...
Insurance Claims: Provide Requested Information ASAP
Woody Allen once said "[t]here are worse things in life than death. Have you ever spent an evening with an insurance salesman?" Insurance is generally the last thing people want to think or talk about. Even so, it is an important part of most, if not all, peoples'...
Insurance Claims: Provide Requested Information ASAP
Woody Allen once said "[t]here are worse things in life than death. Have you ever spent an evening with an insurance salesman?" Insurance is generally the last thing people want to think or talk about. Even so, it is an important part of most, if not all, peoples'...