October 16, 2020
BARRY A. KOZYRA reports that the New Jersey Supreme Court has decided that an arbitration clause in a contract which does not contain any direction as to who the arbitrator or arbitration entity will be or how to select that arbitrator and does not explain how the arbitration is to be conducted is still valid.
In Flanzman v. Jenny Craig, Inc., --- N.J.---- (decided September 11, 2020) the Court reviewed an extensive factual history over the question of whether an 82-year-old plaintiff in an employment rights case against her employer was subject to an incomplete but broadly worded arbitration clause in her contract. The arbitration clause did cover a lot of what can be found in such clauses (e.g., waiver of trial by jury, inclusive of tort, contract and statutory claims, decision(...)
June 11, 2020
RONALD J. HERMAN reports on a recent New Jersey Case, in which the Plaintiff-mother is currently serving a forty-year sentence for the 2010 murder of her two children's father. The children, who were seven years old at the time of the murder, heard gunshots in their house and entered their father's bedroom to see him dying.
Following the murder, the children were placed with the Defendant, the children's paternal grandmother. A trial ensued regarding the custody of the children. During the proceedings, the court ordered an evaluation of the children by a psychologist who was jointly selected by the parties. At the evaluation, the children expressed no desire to see their mother. Furthermore, the children had been undergoing therapy for the trauma they incurred from the murder.(...)
April 16, 2020
Barry Kozyra and Michael Rankin report that New Jersey has now legalized Virtual Notarization of certain legal documents during the public health emergency under the Governor's Executive Order 103.
The law allows for remote signatures to be applied and notarized as to Wills, Codicils, Deeds, Mortgages and other legal instruments. There are strict legal requirements to be followed as to preserving a record of the signing of the document and preparation of the documents.
Mr. Kozyra said, "This is welcome relief for our many clients who need to proceed with important legal affairs during this unprecedented crisis and cannot travel to or meet with counsel or others. It does so with safeguards to prevent fraud or other mischief in the execution of personal and business documents."
March 10, 2020
COVID-19 (Coronavirus Disease 2019) has now been identified as being present in the United States.
Everyone should be aware of what you can do now to prevent the spread of COVID-19. The following are recommended steps from the Centers for Disease Control (CDC) :
(1) Wash your hands with soap and warm water for 20 seconds. Do this often.
(2) Do not touch your face, nose, hands or mouth, as that will spread the virus.
(3) Use your folded arm or a tissue if you cough or sneeze and discard the tissue immediately afterward.
(4) Avoid close contact with people who are sick. Stay home when you are sick.
(5) Clean and disinfect frequently touched objects and surfaces using a regular household cleaning spray or wipe.
For current information on COVID-19, as well as signs and symptoms,(...)
February 4, 2020
On January 13, 2020, Michael J. Rankin was sworn in as the Planning Board Attorney for the Township of West Caldwell for the 2020 term. Mr. Rankin's practice includes, amongst other things, all aspects of real estate law including, but not limited to, real estate litigation, commercial and residential transactions and land use.