Majors Law Firm P.C.

Providing Skilled Legal Expertise
for 135 Years

Right-to-Die Law Passed in NJ

April 18th, 2019 | Written by Daniel S. Makoski, Esq.

The Aid in Dying for the Terminally Ill Act was signed into law on April 12, 2019. The law, which goes into effect on August 1, 2019, allows a terminally ill patient to make a request to receive medication for self-administration that will hasten death.

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Tax Court Rules that Unmanaged Forest Land Does Not Qualify for Farmland Assessment

April 3rd, 2019 | Written by Tara A. St. Angelo, Esq.

The Tax Court held in Hertz v. Borough of Lincoln Park, Docket No. 009897-2017 (Jan. 8, 2019) that unmanaged forest land does not qualify for farmland assessment.  Pursuant to the Farmland Assessment Act, at least five acres of a property must be “actively devoted to agricultural or horticultural use” in order to be eligible for farmland assessment.  N.J.S.A. 54:4-23.2. 

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Appellate Division Again Finds that Violations of Local Government Ethics Law Must be Intentional to be Actionable

April 2nd, 2019 | Written by Tara A. St. Angelo, Esq.

Earlier this year, the Appellate Division held that violations of the Local Government Ethics Law (N.J.S.A. 40A:9-22.5 et seq.) require a showing of intent.  Cosby-Hurling, et al., v. Local Finance Board, Docket No. A-5528-16T2 (Jan. 18, 2019)1.  The decision in Cosby-Hurling was unpublished and, therefore, not binding on other courts.  However, the Appellate Division has again held that a violation of N.J.S.A. 40A:9-22.5(c) requires a showing of intent in the published decision Mondsini v. Local Finance Board, Docket No. A-4482-16T4 (March 5, 2019). 

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How is an “Overnight” Defined When Determining Child Support?

March 29th, 2019 | Written by Diana N. Fredericks, Esq.

If you are divorced (or going through the process) and/or you have children in common, you have likely been confronted with the question, “how many overnights will I have with our children?”  This is one of the first questions that often needs to be answered in order to calculate child support. 

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Governor Murphy Bans NDAs in Sexual Harassment and Discrimination Cases

March 20th, 2019 | Written by Leslie A. Parikh, Esq.

Effective March 18, 2019, New Jersey legislation now prevents employers from entering into non-disclosure/confidentiality agreements (NDAs) with employees who allege harassment in the workplace.  Prior to the passage of the new legislation, such agreements were commonplace in sexual abuse, harassment and discrimination settlements and required that accusers never reveal the details of the claim or the amount of money paid to settle the matter. The legislation was prompted in response to the #MeToo movement and several high-profile harassment cases that garnered significant media coverage.

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Appellate Division Finds that Violations of Local Government Ethics Law Must be Intentional to be Actionable

February 27th, 2019 | Written by Tara A. St. Angelo, Esq.

City of Linden Council members recently appealed a determination of the Local Finance Board on summary judgment that they had violated N.J.S.A. 40A:9-22.5(c) by using their positions to secure an unwarranted privilege for another Council member.  Cosby-Hurling, et al., v. Local Finance Board, Docket No. A-5528-16T2 (Jan. 18, 2019). 

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What a Divorce Trial is Like, and Why You Should Avoid It

February 26th, 2019 | Written by William J. Rudnik, Esq.

If you have reached the point where your divorce case is going to trial, it means either one or both parties are unreasonable with regard to their position, or there is an obscure legal issue (very rare) that requires the court to decide the matter.  If you are heading to trial, it means that despite multiple opportunities in the court process to settle your case, your case still has not settled.  While the court process is designed to settle the case prior to trial, unfortunately, it does not always happen.

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Appellate Decision Cautions Land Use Board Members Against Ex Parte Communications with Applicants

February 25th, 2019 | Written by Tara A. St. Angelo, Esq.

On appeal in Sternas v. DMH2, LLC, A-2051-16T4 (Feb. 4, 2019), the Appellate Division considered whether the Class II Planning Board member, who was also the municipal engineer, had a conflict of interest due to ex parte communications with an applicant. 

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Governor Murphy Expands Family Leave Law

February 25th, 2019 | Written by Leslie A. Parikh, Esq.

On February 19, 2019, New Jersey Governor Phil Murphy signed legislation that significantly expands the existing NJ Family Leave Act (NJFLA), as well as the NJ Family Leave Insurance Law (NJFLI). The new law creates major changes, some of which employers must comply with by June 30, 2019.

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Appellate Division Declines to Apply Heightened Standard to Zoning Ordinances that Contradict State and Regional Plans

February 20th, 2019 | Written by Tara A. St. Angelo, Esq.

In Merck Sharp & Dohme Corp. v. Township of Branchburg, A-0843-16T1 (App. Div. Dec. 13, 2018), the Township of Branchburg appealed the trial court’s holding that invalidated a 2008 land use ordinance amendment down-zoning the Merck property. 

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