Majors Law Firm P.C.

Providing Skilled Legal Expertise
for 133 Years

City’s Delay in Abating Dangerous Condition Deemed Not Unreasonable

May 23rd, 2017 | Written by Tara St. Angelo, Esq.

The Appellate Division recently held that a delay of more than one year in abating a “dangerous condition” was not “palpably unreasonable” because the municipality was required to publicly bid a contract for such repairs.

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Court Finds That Uncooperative OPRA Litigant is Not Entitled to Attorney’s Fees

May 22nd, 2017 | Written by Tara St. Angelo, Esq.

Typically, a prevailing party in a lawsuit seeking disclosure of records under the Open Public Records Act (OPRA) is entitled to attorney’s fees.  N.J.S.A. 47:1A-6.  However, the Court held in Grieco v. Borough of Haddon Heights, No. L-2876-15 (N.J. Super. Ct. Law Div. Oct. 19, 2015) that an uncooperative litigant who rushed into Court instead of alerting the municipality to an obvious mistake in its production of documents was not entitled to attorney’s fees.

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The Right of First Refusal for Parenting Time…a Blessing or a Curse?

April 24th, 2017 | Written by Diana N. Fredericks, Esq.

Many parents want to include a right of first refusal provision in their custody and parenting time or marital settlement agreements.  Such a clause requires a parent to contact the other parent if they are going to be unavailable to the children for a certain period.  This requires the parent to do so before contacting a third party to watch the children. 

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Appellate Division Confirms that Personal Information on OPRA Requests Is Protected from Public Disclosure

April 7th, 2017 | Written by Tara St. Angelo, Esq.

The Appellate Division recently upheld a trial court’s determination that telephone numbers, home addresses, and email addresses of OPRA (Open Public Records Act) requestors could be redacted in response to a request for public documents.  Wolosky v. Somerset Cty., et al., Docket No. A-1024-15T4 (March 30, 2107).

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Seventh Circuit Rules Civil Rights Law Covers LGBT Bias

April 7th, 2017 | Written by Leslie A. Parikh, Esq.

In a long-awaited decision by the Seventh Circuit Court of Appeals, an eight to three ruling was rendered on Tuesday, April 4, 2017 that workplace discrimination on the basis of sexual orientation violates Title 7 of the Civil Rights Act of 1964. 

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Why Is Divorce So Painful?

March 24th, 2017 | Written by William J. Rudnik, Esq.

In our society, there is a great emphasis on relationships.  This includes relationships with friends, with family, and romantic relationships with significant others.  Most of us like to spend time with other people, whether it be seeing a movie, eating a meal, going to a concert, attending a sporting event, or just socializing.  Even many forms of entertainment are based on relationships.  Think about the TV shows we watch, the movies we see, the music we listen to, and even many of the sporting events we watch…they are popular because of the way the characters interact with one another, and/or the way the stories connect with us. 

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Premarital Agreements For People Over 50

March 13th, 2017 | Written by Diana N. Fredericks, Esq.

The rate of divorce for first marriages is approximately 40-50%[i]; that number jumps to an estimated 73% for second marriages[ii].  Now consider that the majority of New Jerseyans divorcing are over the age of 50[iii].  If you are over age 50 and considering a second (or third) marriage, how can you adequately protect yourself and your family?

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Employer Takeaways From First Official Affordable Care Act Repeal and Replacement Proposal

March 10th, 2017 | Written by Leslie A. Parikh, Esq.

On March 6, 2017, House Republicans offered their first official proposal for an Affordable Care Act (ACA) roll-back.  While much remains to be seen regarding the proposed draft, employers should be mindful of the following as matters unfold:

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Can a Court Force You to Pay For Your Child’s College, Even If You and Your Former Spouse Agree Not to Do So?

March 3rd, 2017 | Written by William W. Goodwin, Jr., Esq.

Approximately 35 years ago, the New Jersey Supreme Court issued an often-cited opinion in which it held "the privilege of parenthood carries with it the duty to assure a necessary education for children." Newburgh v. Arrigo 88 N.J. 529 (1982). The Newburgh court established a series of factors for courts to consider when assessing whether to compel one or both parents to contribute to the costs of college and, in some cases, even graduate school. Generally speaking, these include the child's aptitude and educational interests, the parents' financial circumstances, and the relationship between the child and each parent.

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NJ Legislature Considers OPRA Amendment to Limit Access to Personal Information and Alter Fee-Shifting Provision

March 2nd, 2017 | Written by Tara St. Angelo, Esq.

In February 2017, New Jersey Assembly Bill 4532 was introduced and subsequently voted out of the State and Local Government Committee.  The bill would amend the Open Public Records Act (OPRA) by exempting certain personal information from disclosure and narrowing the circumstances under which a successful litigant can be awarded attorney’s fees.

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