CASE WILL TEST HOMEOWNERS’ ASSOCIATIONS’ LIABILITY FOR ICY SIDEWALK

Many homeowners in New Jersey live in Condominium Associations where the Association hires an outside company to handle all snow removal and spreading of salt in the winter months. The NJ Supreme Court is now considering whether homeowners’ associations and their maintenance contractors can be held liable for injuries caused when they fail to clear snow and ice from their…
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NJ Lawmakers OK Expanded Use of Ignition Interlock Devices

On February 5th the New Jersey Senate gave final legislative approval to a bill that would give some convicted drunken drivers the option of having ignition interlock devices installed in their cars as an alternative to license revocation. State law now requires installation of the devices for repeat offenders and first-time offenders with a BAC (Blood Alcohol Concentration) of .15…
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Tenants of Avalon Edgewater file Class-Action Suit

Throughout the State of New Jersey, many people elect to rent an apartment for an array of reasons including location and convenience. Unfortunately, in some instances the landlord/tenant relationship may result in court appearances. A class-action lawsuit has been brought against AvalonBay Communities over the January 21st fire that destroyed a 408-unit luxury apartment building in Edgewater New Jersey, displacing…
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Irreconcilable Differences Available as a Grounds to Dissolve Civil Unions

Many people do not know where to begin when contemplating divorcing their spouse or dissolving their civil union partnership. The grounds for Divorce in New Jersey can be based on, among other causes, adultery, imprisonment, or most commonly, irreconcilable differences. However, the New Jersey statute stating the grounds for dissolution of Civil Unions does not include irreconcilable differences. The civil…
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THE COURT SAID I CAN EARN WHAT?!

In some instances a New Jersey Superior Court Judge will “impute” or assign an income to a party in order to calculate such things as child support and/or alimony. The Judge, however, must explain/justify the reason(s) why he/she imputed the amount in question to that individual. In terms of child support, pursuant to the New Jersey Court Rules, a Judge…
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NO LIMIT IN NJ DWI SENTENCING ‘STEP-DOWN’

The New Jersey Supreme Court has ruled that drunken drivers convicted of multiple offenses may use a ‘step-down’ provision in the state’s drunken driving statute more than once, provided that at least 10 years have elapsed between the most recent offense and the prior one. The current New Jersey drunk driving statute [N.J.S.A. 39:40-50] states in part that if a…
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NEW JERSEY TO REGULATE UBER STYLE CAR SERVICES

Car services such as Uber and Lyft, which connect drivers and passengers via a web application, have come a step closer to being regulated after a New Jersey legislative committee passed a bill aiming to set minimum insurance standards and impose other strictures. One of the concerns at the forefront is the insurance coverage issue involving passengers in these vehicles.…
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COURT WEIGHS APPLYING DWI WARRANT RULE RETROACTIVELY

The New Jersey Supreme Court is considering whether to retroactively apply a 2013 ruling by the U.S. Supreme Court that said police generally must get a search warrant before obtaining blood samples or demanding urine samples from suspected intoxicated drivers. The Court is set to determine if past police practices in the state, where warrants were rarely obtained, violated a…
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