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The Uphill Battle In Proving Cohabitation

June 14, 2019

MARGARITA ROMANOVA reports on a recent unpublished decision from the Superior Court of New Jersey, Appellate Division. In a recent unpublished decision, the Appellate Division affirmed the trial court's determination that the payor spouse failed to present sufficient evidence of cohabitation to warrant suspension or termination of his alimony obligation. Prior to the parties' divorce in 2013 (and during their separation), the wife began a romantic relationship with her paramour, and they had a child together shortly thereafter. Two years after the parties' divorce, the husband hired a private investigator to conduct surveillance of his wife's alleged cohabitation with her paramour. At the plenary hearing, the investigator testified that the paramour drove the parties' son to(...)

A Police Officer Intentionally Prolonging A Routine Traffic Stop For The Purpose Of Conducting A “Canine Sniff” Test Requires Reasonable Suspicion That The Driver Was Engaged In Drug Activity

June 13, 2019

STELIOS STOUPAKIS reports on a recent unpublished decision from the Superior Court of New Jersey, Appellate Division, concerning the suppression of evidence when a police officer intentionally prolonged a routine traffic stop to enable a "canine sniff" test which resulted in damaging evidence against the driver. Specifically, the Appellate Division effectively secured a driver's rights during a routine traffic stop and tightened a police officer's broad authority over a driver. A police officer is authorized to conduct several unrelated checks during a lawful traffic stop; however, the police officer cannot do so in efforts to prolong a stop without reasonable suspicion that would justify detaining an individual. The Defendant, in this case, was charged with second-degree(...)

Appellate Division Affirms Trial Court’s Grant Of Summary Judgment To Non Profit Corporation In Trade Secret/ Commercial Advertising Matter

June 10, 2019

ROBERT B. SPAWN reports on a recent unpublished decision from the Superior Court of New Jersey, Appellate Division. In a recent New Jersey case, a Plaintiff ran a business which produced commercial advertisements for use on cable television and YouTube. On April 17, 2015, Plaintiff sent an email to a municipal Defendant-Non-Profit Corporation in which she stated that she had previously presented the idea of running local TV commercials promoting the town of Keyport to Defendant's Representative during a fall 2014 meeting. Plaintiff also attached a detailed proposal to her email, in which she referenced two projects that she could potentially produce (both involving commercials that would run on cable TV in Monmouth County and on YouTube). However, in May 2015, Defendant's(...)

Improvement Of The Supported Spouse’s Financial Situation After The Divorce Can Be Considered On An Application For A Downward Modification Of Alimony

June 3, 2019

MARGARITA ROMANOVA reports on a recent unpublished decision from the Superior Court of New Jersey, Appellate Division. In a recent unpublished decision, the Appellate Division reversed the trial court's denial of the payor spouse's post-judgment application for a downward modification of his alimony obligation and reminded all litigants that an improvement in the financial circumstances of the supported spouse can constitute a change in circumstances that warrants a downward modification of an alimony obligation. The parties divorced in 2012, and the Husband assumed an obligation to pay his former spouse permanent alimony. Three years later, the Husband's first application to modify his alimony obligation was denied. In 2017, as a result of the Husband's refusal to pay, the Wife(...)

Appellate Division Affirms Trial Court’s Finding Of Extraordinary Circumstances Due To Plaintiff’s Physical And Mental Health Conditions In Tort Claims Act/Personal Injury Case

April 29, 2019

ROBERT B. SPAWN reports on a recent unpublished decision from the Superior Court of New Jersey, Appellate Division. In a recent New Jersey case, a Plaintiff was driving on Interstate 95 on January 13, 2016, when she was pulled over by a State Trooper. The State Trooper asked Plaintiff for her driving credentials, all of which she produced except for her insurance card. Because she did not have her insurance card, Plaintiff instead gave the State Trooper her cell phone, which contained a photocopy of the document. The State Trooper took Plaintiff's phone, along with her driver's license and registration, and returned to his patrol car. The State Trooper eventually returned Plaintiff's materials to her and allowed her to go on her way without issuing a motor vehicle citation. (...)