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NJ Supreme Court Redefines Meaning of “Agenda” Pertaining to Open Public Meetings Act

August 19th, 2015 | Written by Richard P. Cushing, Esq.

The New Jersey Supreme Court recently decided a very important case for municipalities and other public entities in Opderbeck v. Midland Park Board of Education. In this case, the Court addressed and reversed the definition of the word “agenda” as used in the Open Public Meetings Act (OPMA). 

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What Is Discovery?

August 17th, 2015 | Written by William J. Rudnik, Esq.

Discovery is part of the litigation, or court process, in divorce cases as well as all types of litigation. Discovery is exchanging all relevant information about any issues in the case. This can be in regard to custody and parenting time issues, child support issues, spousal support issues, equitable distribution issues, or any other issues that may come up in a divorce action.

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Avoiding Hostile Work Environment & Sexual Harassment Liability

August 12th, 2015 | Written by Leslie A. Parikh, Esq.

A recent opinion by the New Jersey Appellate Division, Jones v. Dr. Pepper Snapple Group, confirms that employers must take proactive measures to protect employees from being subjected to a hostile work environment. In Jones, the Court was asked to address whether the plaintiff, a temporary employee who worked as a machine operator at the defendant’s manufacturing facility from March 2010 to October 2011, and subsequently as a permanent employee for a short period in early 2012, could maintain a sexual harassment hostile work environment claim against the defendants.

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Can the Court Compel Parenting Time?

August 11th, 2015 | Written by Diana N. Fredericks, Esq.

In divorce cases, we often encounter a “fight” over parenting time with children, where both parents want the children as much as possible. However, sometimes there are cases where a child is desperate to know and love a parent who, for many reasons, is unavailable. What do you do when a parent refuses to spend time with his or her child? Assuming the parent has not been declared unfit, can the Court compel parenting time?

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What Role, If Any, Does Fault Play in Determining Alimony?

August 5th, 2015 | Written by William W. Goodwin, Jr., Esq.

In a recent blog post, I commented that New Jersey is a “no-fault” jurisdiction. In that post, I mentioned that fault seldom has an impact on the outcome of the case. Thus, the fact that a party deserts his or her spouse, commits adultery on numerous occasions, or engages in acts of extreme cruelty very rarely affects the resolution of the underlying issues.  The payment of alimony is the one area where fault is potentially relevant.

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Social Media and OPRA: Tips for Complying in the Digital Age

August 4th, 2015 | Written by Tara A. St. Angelo, Esq.

Municipalities may be finding that their residents are more likely to turn to social media for news and updates instead of the traditional newspaper.  However, posts by municipalities and elected officials on social media communicating with the public are not exempt from the requirements of the Open Public Records Act (OPRA).

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Annulment of Marriage Based on Fraud

August 3rd, 2015 | Written by Diana N. Fredericks, Esq.

Can the Court apply the doctrine of equitable fraud as a basis to annul a marriage?

In the recent, but unpublished trial court decision of Easton v. Mercer, Judge Jones in Ocean County decided yes, the court may apply the doctrine of equitable fraud to annul a marriage, which means there is no requirement of a defendant’s intent to deceive a plaintiff.  But what does this mean?

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